Hepatitis C decisions — 2016

The Board found that the Veteran's hepatitis C was not caused by a VA procedure or treatment, and thus denied his claim for compensation under 38 U.S.C.A. § 1151.

The Board has granted service connection for hepatitis C with cirrhosis and varices, finding that the evidence is in equipoise as to whether the Veteran's current hepatitis C was incurred during service.

The Veteran's appeal has been withdrawn by the appellant and his representative, thus dismissing the appeal.

The Veteran's current diagnosis of hepatitis C is not related to service, as there were no in-service risk factors or symptoms. The Board finds that the claim for service connection must be denied.

The Board has determined that the Veteran's hepatitis C contributed to his death, either as a direct cause or by accelerating it. Therefore, service connection for the cause of the Veteran's death is granted.

The Veteran's hepatitis C, status-post hepatitis A infection, was manifested by minimal liver damage with associated fatigue, anxiety, and gastrointestinal disturbance of lesser degree and frequency than symptoms associated with greater liver damage, but necessitating dietary restrictions or other therapeutic measures. For the period from September 18, 1977 to August 15, 2000, a 30 percent rating was granted.

The Board has determined that the Veteran's hepatitis C is not related to his military service, and therefore denied his claim for service connection.

The Board found that the Veteran's hepatitis C and GI disorder were not incurred in or aggravated by service, and thus denied both claims.

The Board has reopened the claims for service connection for hypothyroidism, hypertension, heart disease, and hepatitis C due to new and material evidence. However, no specific rating or effective date is assigned as these issues are still under review.

Since May 25, 2012, the Veteran's hepatitis C has been manifested by daily fatigue and joint pain but no weight loss or hepatomegaly. The VA examiner found no incapacitating episodes due to hepatitis C during the past 12 months.

The Veteran's death was not caused by a service-connected condition, and the cause of his liver failure (which led to his death) is not related to service or any service-connected conditions.

The Board finds that the Veteran's hepatitis C is at least as likely as not incurred during his military service, and grants service connection for this condition.

The Veteran's hepatitis C is manifested by daily fatigue, malaise, and anorexia without substantial weight loss or incapacitating episodes requiring bed rest and treatment by a physician. The criteria for an initial disability rating higher than 20 percent have not been met.

The Board found that the Veteran does not have a current diagnosis of diabetes mellitus type II and denied service connection for this condition. The claim for hepatitis C was also denied as there is no evidence linking it to service.

The Veteran's appeal is being remanded to obtain additional medical opinions regarding his claims for Hepatitis C and cervical spine DJD. The VA will need to ensure that the file contains all relevant records, including updated treatment records.

The Board granted service connection for hypertension and a heart disability (atrial fibrillation) as secondary to herbicide exposure, service-connected disabilities, and hypertension.

The Board has remanded the case due to a need for a medical opinion regarding the cause of the Veteran's death, specifically whether his hepatitis C is related to service. The claim will be returned to the Board after further development.

The Board has determined that new and material evidence has been received to reopen the claim of service connection for hepatitis C. The Veteran's current hepatitis C is found to be etiologically related to engaging in high-risk sexual activity during service. Service connection for hepatitis C is granted.

The Veteran's claims for hepatitis C and substance abuse secondary to PTSD are being remanded due to the need for additional development, including a VA examination. The competency issue is also being addressed.

The Veteran's hepatitis C was rated at 20 percent prior to May 8, 2014 and upgraded to 100 percent effective May 8, 2014.