Hepatitis C decisions — 2017

The Veteran's hepatitis C is rated as noncompensable prior to November 17, 2011, and as 20 percent disabling from that day forward. The Board found the evidence did not meet criteria for a higher rating at any time during this appeal.

The Veteran's left ankle disability is found to be service-connected. The initial ratings for hepatitis C and cirrhosis of the liver are granted, but with some issues still pending.

The Veteran's viral hepatitis (hepatitis A positive) was granted a compensable rating prior to March 6, 2014. Service connection for hepatitis B and C were also established.

The Veteran's appeal has been dismissed due to his death. The claims for service connection for hepatitis C and a pulmonary disorder (bronchitis) are no longer before the Board.

The Veteran is seeking service connection for hepatitis C with anemia. The Board finds that additional development is needed before the claim can be decided.

The Veteran's right lower extremity radiculopathy is rated at 20 percent, effective October 24, 2005.

The Board has granted service connection for hepatitis C as secondary to the Veteran's service-connected PTSD with polysubstance abuse. For the initial rating period, the Veteran is assigned a 20 percent disability rating for diabetes mellitus requiring insulin and restricted diet.

The Board finds that the evidence is at least in equipoise as to whether the Veteran's hepatitis C is related to his active duty service, and grants service connection for this condition.

The Veteran's bilateral hearing loss is service-connected. The claims for hepatitis C, bilateral foot disabilities, and head injury residuals are being remanded for further development.

The Veteran's claim for service connection for a liver disorder, including hepatitis C, liver cirrhosis, and liver cancer is being remanded due to the need for additional development regarding his exposure to air gun inoculations during active duty.

The Veteran's claims for service connection for hepatitis C and an increased rating for damage to Muscle Groups I & II were denied. The claim for SMC based on loss of use of a creative organ was also denied, as the evidence did not show loss of use due to service-connected disabilities. The TDIU claim is moot since the Veteran's PTSD alone precludes substantially gainful employment.

The Veteran's hepatitis C and cirrhosis have been rated at the highest possible evaluation of 100 percent since September 20, 2012. He is also entitled to SMC based on housebound status.

The Veteran has withdrawn all of the issues on appeal, including service connection, rating, and TDIU issues.

The Veteran's claims for service connection for hepatitis C and cholangiocarcinoma have been granted. The Board also found that the Veteran is entitled to a TDIU rating due to his service-connected disabilities.

From February 1, 2009 to January 1, 2010, the Veteran's peptic ulcer disease was manifested by moderately severe symptoms including frequent abdominal and epigastric pain, bleeding ulcers, nausea, malaise, and constipation resulting in anemia and incapacitating episodes that occurred 12 times a year and lasted 12 days. The preponderance of evidence shows the Veteran's peptic ulcer disease was manifested by no more than occasional and intermittent abdominal and upper (and lower) quadrant pain, acid reflux, and gastritis with less severe symptoms not frequently occurring.,Prior to February 1, 2009 and from January 1, 2010, the preponderance of the evidence reflects that the Veteran's service-connected hepatitis C was manifested by daily fatigue and malaise with additional symptoms of arthralgias, gastrointestinal disturbance, nausea, and vomiting particularly when he was receiving ulcer therapy in 2009; there is no credible evidence of four or more weeks of incapacitating episodes.

The Board found no evidence to support a connection between the Veteran's hepatitis C and VA treatment in the 1980s, February 1993, or July 2003. The preponderance of evidence is against finding that the Veteran's hepatitis C was caused by VA care.

The Veteran's hepatitis C claim is being remanded for an addendum opinion from the April 2012 VA examiner regarding its etiology. The additional shoulder disability under 38 U.S.C.A. § 1151 is also being remanded, with a request to obtain an addendum opinion addressing whether the proximate cause of the superior labral tear was reasonably foreseeable or due to carelessness, negligence, or lack of proper skill.

The Veteran's claim for service connection for a bilateral hearing loss disability was denied as there is no evidence of such during service or within one year post-service.,Service connection for partial amputation of the left index finger was also denied, with the condition noted at service entrance and not aggravated by any in-service disease or injury.

The Board has determined that the Veteran's hepatitis C likely began during his military service and grants service connection for this condition.

The Veteran's claim for a higher rating for residuals of excision of plantar warts of the right foot was granted, with an evaluation in excess of 20 percent thereafter. The effective date is not specified as it is less than the maximum benefit available.