Hepatitis C decisions — 2017

The Board has determined that hepatitis C is etiologically related to the Veteran's service, specifically his tattoos during active duty. As a result, the claim for service connection for hepatitis C is granted.

The Board has denied the Veteran's claim for service connection for a liver disability, including Hepatitis C and hepatic steatosis. The medical evidence does not support a finding that these conditions are related to his military service.

The Board has determined that the preponderance of evidence is against a finding that the Veteran's hepatitis C, diagnosed more than thirty years after separation from service, is causally related to, or aggravated by, active service. The claim for service connection for hepatitis C was denied.

The Board has determined that the Veteran does not have a current lung disability or hepatitis C related to his active duty service, and there is insufficient evidence to establish a connection between his bilateral foot fungus and service. The claims for these conditions are therefore denied.

The Board found that the Veteran's hepatitis C was not incurred in service and is not related to active service, thus denying his claim for service connection.

The Veteran's hepatitis C and recurrent calluses of the right foot are found to be related to service-connected conditions. The claim for increased ratings for bilateral pes planus, right knee disability, left knee disability, and TDIU is denied.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 for hepatitis C resulting from a VA surgical procedure in September 2005 was denied, as the evidence did not establish that his hepatitis C was caused by carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of the VA.

The Board has remanded the case due to the need for additional development and examination, including obtaining medical records from private providers and scheduling a VA examination.

The Veteran's alcohol and substance abuse are related to his service-connected PTSD and major depressive disorders, which is granted.

The Board has remanded the case for additional development, including obtaining updated VA treatment records and scheduling an addendum opinion regarding the Veteran's hepatitis C. The TDIU claim is also inextricably intertwined with the service connection claim.

The Board has determined that the Veteran's HCV is likely due to his service, specifically the use of an air gun for inoculations. The claim is granted.

The Board has remanded the case for further development due to missing service treatment records and an inadequate VA examination. The Veteran's claim of hepatitis C service connection is pending.

The Veteran's lumbar spine disability is currently rated at 40% and the Board finds that a higher rating is warranted for this condition. The Veteran was also granted service connection for Hepatitis C, an upper back disorder as secondary to degenerative disc disease (DDD), and upper extremity pain as secondary to a service connected right wrist disability.

The Veteran's service-connected disabilities do not make him permanently bedridden or unable to care for his daily needs without requiring the regular aid and attendance of another person. The Veteran does not have a single service-connected disability rated 100 percent with separate service-connected disabilities ratable at 60 percent or more, nor is he permanently confined to his immediate premises as a result of service-connected disabilities.

The Veteran's service-connected disabilities prevent him from obtaining and retaining substantially gainful employment, warranting a grant of TDIU.

The Board has determined that the Veteran's hepatitis C did not manifest within one year of separation from service and there is no evidence linking his current condition to his active duty service, specifically air gun immunizations. The claim for service connection is denied.

The Board has remanded the claims for hypertension, hepatitis C, and liver damage due to inadequate development and compliance with prior remand directives.

The Board found that the Veteran's hepatitis C was not related to his active service, and concluded that it is more likely than not caused by his own IV drug use rather than any risk factors associated with his military service.

The Board has remanded the Veteran's claims for additional development due to incomplete medical opinions and outstanding VA treatment records.

The Veteran's service connection claim for hepatitis C is granted, as the medical evidence supports a finding that he contracted hepatitis C during his military service. The claim for an increased rating for residuals of hepatitis B is remanded.