Hepatitis C decisions — 2018

The Board has determined that the reduction in rating from 10 percent to 0 percent for the Veteran's right ulna disability was improper and restored the original 10 percent rating. The issues of entitlement to increased ratings for cervical spine, right tibial plateau, and hepatitis C disabilities are remanded.

The Board has determined that the Veteran's hepatitis C is related to his service, and therefore grants service connection for this condition.

The Board denied service connection for the Veteran's claimed conditions, including an unspecified respiratory condition, Hepatitis C, Parkinson’s disease, aural fullness, chronic fatigue syndrome, residuals of gall bladder removal, and an unspecified mental condition. The decision also denied reopening of claims for these conditions.

The Board denied service connection for hepatitis C as there was no evidence linking the condition to service, and the Veteran's lay statements were not sufficient to establish a nexus between his in-service activities and his current diagnosis.

The Veteran's claims for service connection for fibromyalgia and flouroquinolone toxicity are remanded due to the need for medical opinions.,The Veteran's claim for service connection for flouroquinolone toxicity is also remanded as VA treatment records prior to October 2003 and from May 2017 to present are needed, along with authorization for Dr. Nelson and Dr. Oppenheim’s records.,The Veteran's claims for service connection for cirrhosis of the liver and hepatitis C due to drug and alcohol dependency are remanded as VA medical opinions regarding the nature and etiology of these conditions are required.,The Veteran's claim for service connection for drug and alcohol dependency is also remanded as a VA psychiatrist’s opinion on its secondary relationship to PTSD, low back disability, and flouroquinolone toxicity is needed.,The Veteran's claim for an initial rating in excess of 10 percent prior to June 24, 2010, and in excess of 20 percent as of June 24, 2010, for a low back disability is remanded due to the need for a VA examination.

The Board has remanded the claims for increased ratings for hepatitis C and TBI residuals due to new evidence indicating worsening symptoms. A VA examination is needed to assess current severity.

The Board has remanded the Veteran's claims for service connection and rating of his back disability, as well as his TDIU claim due to inextricably intertwined issues. The case is returned to the AOJ for further development.

The Veteran's service connection claims for a respiratory disorder, hepatitis C, and dental disability have been denied. The Board found no evidence linking these conditions to his military service.

The Board has remanded the issues of service connection for osteopenia, cervical spine disorder, hearing loss, tinnitus, hepatitis C, left upper extremity radiculopathy and peripheral neuropathy as secondary to lumbar spine disability, right upper extremity radiculopathy and peripheral neuropathy as secondary to lumbar spine disability, left lower extremity radiculopathy and peripheral neuropathy as secondary to lumbar spine disability, and right lower extremity radiculopathy and peripheral neuropathy as secondary to lumbar spine disability. The Board also remanded the issue of a rating for service-connected lumbar contusion, myositis, and lumbar spondylosis in excess of 20 percent prior to May 17, 2012 and in excess of 40 percent from May 17, 2012.

The Board has decided to remand the case due to insufficient evidence regarding the presence and etiology of hepatitis C during the appeal period. The Veteran needs to be provided with a VA examination for this purpose.

The Board has granted service connection for hepatitis C, finding that it is at least as likely as not related to the Veteran's military service. The cause of death determination remains pending and requires a VA medical opinion.

The Veteran's claim for service connection for PTSD has been reopened, but the Board is remanding to obtain additional evidence related to this condition.,The Veteran's claims for service connection for a skin disability and hepatitis C have also been reopened. The Board is remanding these claims as well due to the need for additional medical opinions.

The Board has denied the Veteran's claims for service connection for various psychiatric and physical disabilities, including right shoulder pain, back pain, neck pain, left knee pain, right knee pain, sleep apnea, hepatitis C, kidney or renal failure, prostate cancer, and unspecified depressive disorder. The reasons provided include lack of in-service evidence linking these conditions to service.

The Veteran's service-connected hepatitis C and back disability prevented him from securing and maintaining substantially gainful employment, meeting the criteria for a total disability rating due to individual unemployability (TDIU) effective November 4, 2011.

The Board cannot make a fully-informed decision on the issue of service connection for hepatitis C because no VA examiner has opined whether the disability is due to possible in-service risk factors. The Veteran's history includes intravenous drug abuse and blood transfusions, but there is uncertainty about exposure to air gun injections during active service.

The Board denied service connection for hepatitis C as the evidence did not support a finding that it was related to service, including vaccinations via air gun.

The Veteran's appeal is remanded due to the need for a new VA examination and potential increase in his service-connected hepatitis C rating.

The Board has determined that the Veteran's hepatitis C is at least as likely as not related to his service, and grants entitlement to service connection for this condition.

The Board has decided that additional development is needed to determine if the Veteran's liver diseases, including cirrhosis, hepatitis C, and liver cancer, are related to his service-connected PTSD or due to exposure to Agent Orange while serving in Vietnam.

The Veteran's prostate cancer residuals were rated at a maximum of 40 percent from August 26, 2013. The Board found that the Veteran's urinary frequency warranted this rating based on his competent lay statements and medical evidence.