Hepatitis C decisions — 2018

The Board has determined that additional development is needed to determine the etiology of the Veteran's claimed conditions, including atrial fibrillation and hepatitis C. The claims are being remanded for further examination and opinion.

The claim for service connection for hepatitis C was reopened due to new evidence, but the Veteran's history of intravenous drug use is considered willful misconduct and does not support a finding that his current condition is related to active military service.

The Board has remanded the claims for hepatitis C and an acquired psychiatric disorder due to insufficient evidence regarding their onset in service. The Veteran's hepatitis C claim will be remanded for a supplemental medical opinion, while his psychiatric disorder claim requires additional VA treatment records and a supplemental medical opinion from a psychiatrist.

The Veteran withdrew his appeals for service connection and increased disability ratings on multiple conditions, including prostate cancer, shoulder disabilities, high blood pressure, hepatitis C, sleep apnea, an acquired psychiatric disorder, low back disability, knee instability, ankle disabilities, and tinnitus.

The Veteran's appeal for service connection for food poisoning has been dismissed. The Board also remanded several issues including the rating of lumbar spine disability, secondary service connection for bladder condition and BUE conditions, secondary service connection for BLE conditions, secondary service connection for gunshot wound to the left leg, service connection for respiratory condition (asthma), service connection for hepatitis C, and secondary service connection for acquired psychiatric disorder.

The Veteran's TDIU and Dependents' Educational Assistance (DEA) benefits were granted effective March 9, 2013. The Board denied earlier effective dates for both claims.

The Veteran's hepatitis C disability is remanded for further evaluation due to the need for a VA examination.

The Board denied service connection for hepatitis C as the Veteran's intravenous drug use, which led to his diagnosis and treatment of hepatitis C, constituted willful misconduct.

The Board denied service connection for the Veteran's cause of death, concluding that there was no evidence to support a link between his in-service conditions and his later-developed liver disease.

The Veteran's claim for an initial compensable rating for service-connected hepatitis C was denied as there were no current signs or symptoms attributable to the condition, and no incapacitating episodes due to his liver condition.

The Board has denied service connection for bilateral pes planus, hypertension, hepatitis C, and a residual kidney disability as there is no current diagnosis of these conditions in the record.

The Veteran's claim for a low back condition was denied due to lack of evidence of chronic disability.,Service connection for left knee disability is not granted as there is no current diagnosis.,Hypertension is not service connected as it did not begin during service and has no link to in-service events or diseases.,The Veteran's hepatitis C is found to be service-connected, likely due to high-risk sexual activity while in service.,An earlier effective date of July 9, 2012, for the award of service connection for left eye conjunctivitis/ptosis is granted.

The Board has decided to remand the Veteran's claims of service connection for left knee degenerative joint disease, right knee condition (also claimed as bilateral knee condition and right leg condition), hypertension, and hepatitis C due to inadequate examination opinions and outstanding service treatment records.

The Board has remanded both the claims for service connection for hepatitis C and cirrhosis of the liver (claimed as secondary to hepatitis C) due to insufficient evidence. The Veteran's hepatitis C may be related to his in-service hospitalization, but a medical opinion is needed to determine its etiology. The cirrhosis claim will also be remanded as it will significantly impact the pending hepatitis C claim.

The Board denied the Veteran's claim for service connection for hepatitis C, finding that there was no evidence of in-service exposure to herbicide agents and insufficient medical opinion supporting a link between hepatitis C and service. The Veteran's current diagnosis is attributed to his risk factors rather than service.

The Board has remanded the cases of hepatitis C, diabetes mellitus, and hemorrhoids for further development. The claims for service connection are not yet decided.

The Board denied the Veteran's claims for service connection for hepatitis and diabetes mellitus, type I. The Board found no evidence of a nexus between the claimed conditions and service.

The Board denied service connection for hepatitis C because the Veteran's claim was not reopened due to lack of new and material evidence, and his contentions were not supported by the record.

The Board has remanded the claims for service connection and death pension eligibility due to issues being intertwined with substitution requests. The Appellant is asked to choose whether she wishes to pursue her husband's claims as a substitute or for accrued benefits.

The Board denied the Veteran's claims for service connection in multiple areas, including heart disability as secondary to pre-pyloric ulcer with antrum scarring and hiatal hernia, liver disability with hepatitis C, acquired psychiatric disorder (depression), sleep apnea, skin disability (Stevens Johnson syndrome), and right leg disability. The Board found that the evidence did not meet the criteria for reopening these claims or establishing service connection.