Hepatitis C decisions — 2017

The Board found that the Veteran's current hepatitis C was not incurred in or aggravated by active service and denied his claim for service connection.

The Veteran withdrew his appeals for hepatitis C, diabetes mellitus, and an acquired psychiatric disorder (including PTSD and major depressive disorder) prior to the Board's decision.

The Veteran's claim for an increased initial rating for a right wrist condition, earlier effective date for service connection of a right wrist condition, and service connection for hepatitis and major depressive disorder have been granted. The right wrist condition is rated at 10 percent disabling since October 29, 2012.

The Veteran's claim for compensation under 38 U.S.C. § 1151 for hepatitis C is denied as there is no competent evidence showing that the condition was caused by VA medical treatment.

The Board has determined that the Veteran's hepatitis C was incurred in line of duty during active service and first manifested during this period, meeting the criteria for service connection.

The Board found that the Veteran's hepatitis C infection manifested more than one year after service and was not caused or aggravated by service. The liver abnormalities found during biopsies did not constitute a current disability for which service connection could be granted.

The Board found that hepatitis C was not related to service and denied the claim for service connection.

The Board has determined that the Veteran's hepatitis C was not incurred in or aggravated by service, and therefore denied his claim for service connection.

The Veteran's hepatitis C has not resulted in fatigue, malaise, and anorexia with minor weight loss and hepatomegaly requiring dietary restrictions or continuous medication. The Veteran does not meet the percentage requirements for a schedular TDIU due to his service-connected hepatitis C.

The Veteran's hepatitis C was diagnosed during service and is presumed to have been incurred therein. The Board finds that the Veteran meets the criteria for service connection.,The Veteran has a combined disability rating of 80% due to his service-connected disabilities, which qualifies him for TDIU consideration. After review of his employment history and current functional limitations, the Board finds that he is unable to secure or follow substantially gainful employment.

The Board has determined that the Veteran's hepatitis C is not related to his service, as it was diagnosed many years after discharge and no evidence supports a link between in-service exposure to blood products and current diagnosis.

The Board has remanded the case to the AOJ for further proceedings consistent with an August 2016 Memorandum Decision, which found that two inadequate VA examinations were used in the July 2014 decision denying service connection for hepatitis C. The AOJ is required to obtain SSA records and provide a new addendum opinion from the October 2010 examiner or another qualified VA examiner.

The Board has determined that the Veteran's hepatitis C was not incurred in or related to active service, and therefore denied his claim for service connection.

The Board found that there was no evidence of a chronic liver disorder or hepatitis C during the appeal period and denied the Veteran's claim for service connection.

The Board has granted service connection for hepatitis C and a liver condition as secondary to hepatitis C.

The Board has remanded the case for further development, including scheduling a VA examination and obtaining additional medical records. The Veteran's claims of service connection for vertigo and an increased rating for hepatitis C are pending.

The Veteran's appeal to the denial of service connection for hepatitis C was not timely filed, and his claim is denied.

The Veteran's claim for service connection for malaria has been withdrawn. The Board is remanding the case to obtain records of his treatment by Dr. Alan and to provide a VA physician with an opinion regarding whether he developed hepatitis C as a result of in-service risk factors or if there is any relationship between the hepatitis A identified shortly after service and the current hepatitis C.

The Board has granted service connection for hepatitis C and hepatocellular carcinoma, finding that both conditions are related to the Veteran's military service. Hepatitis C is directly related to her service, while hepatocellular carcinoma was caused by her hepatitis C.

The Veteran's claim for service connection for depression secondary to a service-connected condition was granted. However, his claim for service connection for erectile dysfunction secondary to a service-connected condition was denied.