Hepatitis C decisions — 2016

The Board denied the claims for service connection for hearing loss, hepatitis C, liver disease, residuals of a head injury, and psychiatric disability. The decision also reopened the claim for service connection for hearing loss but found no new and material evidence to support reopening the other claims.

The Veteran's bilateral hearing loss disability is currently rated at the maximum schedular level of 50 percent, effective September 27, 2012. The right knee disability was also granted a higher evaluation to 20 percent effective October 2, 2012.

The Board has remanded the case due to a VLJ not participating in the hearing and scheduling a new hearing before the Board.

The Veteran's appeal is being remanded for additional development, including scheduling a hearing before the Board of Veterans' Appeals.

The Veteran's appeal has been dismissed due to his death. The Board does not have jurisdiction to adjudicate the merits of this appeal as he has passed away.

The Veteran's claim for an increased disability rating in excess of 70 percent for generalized anxiety disorder and depression has been granted, effective from February 23, 2009.

The Veteran's claim of entitlement to service connection for hepatitis C was granted in a January 2016 rating decision, which assigned an initial evaluation of 40 percent effective from September 23, 2015. The Board dismissed the appeal as there is no longer any allegation of error of fact or law concerning this issue.

The Board denied the Veteran's claims of service connection for hypertension, diabetes mellitus, coronary artery disease, and hepatitis C due to lack of evidence of herbicide exposure in Germany.

The Veteran's PTSD symptoms have been rated at 30 percent since July 14, 2009. The Board has determined that the Veteran is entitled to a higher rating of 70 percent for his PTSD due to occupational and social impairment with deficiencies in most areas. His hepatitis C claim was denied. The Veteran's TDIU claim was granted.

The VA determined that the Veteran's hepatitis C is related to his intravenous drug use during service, which constitutes willful misconduct and thus precludes service connection.

The Veteran's service-connected disabilities do not preclude him from securing and following substantially gainful employment.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining SSA records and VA treatment records. The AOJ will also request a VA examination in connection with his 38 U.S.C.A. � 1151 claim for perirectal abscess and fistula.

The Veteran's appeal is being remanded for additional development, including obtaining a VA medical opinion regarding the etiology of hepatitis C and scheduling him for a VA audiological examination to determine the current severity of his bilateral hearing loss.

The Board denied service connection for hepatitis C, psychiatric disability including PTSD, low back disability, right hip disability, and right knee disability. The Veteran's claims were not substantiated by the evidence presented.

The Board found that there is no evidence to support the Veteran's claims of hepatitis C and a psychiatric condition being related to service. The claim for hepatitis C was denied as there were no credible records indicating air gun inoculations during service, and the diagnosis was not linked to any in-service event or injury. For the psychiatric condition, while the Veteran has been diagnosed with major depressive disorder, the evidence does not establish that it began during service or is related to a pre-existing condition.

The Veteran's hepatitis C was not incurred in service and is not otherwise etiologically related to his military service. The Board finds that the evidence does not support a finding of service connection for hepatitis C.

The Veteran withdrew his appeal regarding the denial of service connection for hepatitis C.

The Board has determined that the evidence is in equipoise regarding whether hepatitis C was incurred during service, and thus grants entitlement to service connection for hepatitis C. The low back disability issue requires additional development as there are conflicting opinions on its etiology.

The Board has denied the Veteran's claims for service connection for various conditions, including hepatitis C and its secondary effects on other conditions. The evidence does not support a finding that these conditions are related to service.

Service connection for hepatitis C was denied.,A rating of 30 percent for PTSD prior to August 20, 2008, and a higher rating thereafter were granted.,The Veteran is entitled to TDIU based on service-connected disabilities.