Hepatitis C decisions — 2019

The Veteran's hepatitis C is being remanded for a new examination to determine if it is related to her appendectomy or exposure as a medical technician during active service.,The Veteran's acquired psychiatric disability due to sexual trauma claimed as major depression (to include PTSD) with no sleep, forgetfulness is being remanded for a new VA examination to assess the nature and etiology of her condition.,The Veteran’s claim for treatment purposes only under 38 U.S.C. chapter 17 for an acquired psychiatric disability due to sexual trauma claimed as major depression (to include PTSD) with no sleep, forgetfulness is being remanded.

The Board denied service connection for hepatitis C, finding that the evidence did not support a link between any in-service event and the Veteran's current diagnosis.

The Veteran's appeal for service connection for Hepatitis C has been withdrawn.,The claim of compensation under 38 U.S.C. § 1151 for iliac nerve damage caused by VA surgical treatment in December 2008 is denied as the evidence does not show that the additional disability was proximately caused by negligence, lack of proper skill, error in judgment or an event not reasonably foreseeable.

The Veteran's application to reopen a claim of service connection for hepatitis is granted. The initial 100 percent rating for schizoaffective disorder, effective from September 9, 2009, is granted. Higher initial ratings for lumbar strain and lower extremity radiculopathy are denied. A TDIU prior to September 29, 2009, is granted.

The Veteran's hepatitis C was initially evaluated as 10 percent disabling prior to November 12, 2013. On and after November 12, 2013, the Veteran is now entitled to a 20 percent evaluation for his hepatitis C.

The Veteran's initial compensable evaluation for hepatitis C is denied, and his effective date for PTSD service connection is denied. The Veteran's claims of increased ratings for PTSD, migraine headaches, AC joint arthritis of the right shoulder, and cervical spondylosis are remanded.

The Board denied the Veteran's claims for service connection for hepatitis C, cirrhosis of the liver as secondary to hepatitis C, and residuals of a liver transplant as secondary to hepatitis C. The Board found that there was no evidence linking these conditions to the Veteran's military service.

The Board denied the Veteran's claims of service connection for diabetes mellitus type II, bowel and bladder incontinence, hepatitis C with cirrhosis of the liver, metastatic melanoma, and cerebrovascular accident as they were not related to his military service or a service-connected condition.

The Veteran's claim for a higher rating for hepatitis C was denied, and the claim for an initial compensable rating for bilateral hearing loss is remanded.

The Veteran's vertigo and hypogonadism were not found to be related to service or his service-connected conditions. The seizure disorder was granted as secondary to hepatitis C, while the acquired psychiatric disorder (including depression, anxiety, and insomnia) was also linked to the seizure disorder and hepatitis C.,A compensable rating for bilateral hearing loss was denied, and a higher rating for hepatitis C was not warranted due to lack of incapacitating episodes.

The Board has decided to remand the case due to insufficient reasoning in a previous VA examination and the need for updated treatment records. The examiner is requested to provide an addendum opinion on the likely etiology of the Veteran's hepatitis C, considering possible sources of transmission.

The Board has remanded the cases for further development and examination. The Veteran's claims of service connection for a right shoulder disability, hepatitis C, and skin disability are pending.

The Veteran's PTSD is rated at 70 percent, and service connection for Hepatitis C, fibromyalgia, sleep apnea, hypertension, and headaches are granted. The initial rating for seborrheic dermatitis remains unchanged.

The Veteran's claims for diabetes, hypertension, and acquired psychiatric disorder (depression) have been denied as there is no evidence of in-service onset or aggravation.,Service connection for right shoulder condition, left shoulder condition, bilateral lower extremity radiculopathy, cervical spine disability, low back disability, hepatitis C, and tinnitus has also been denied.

The Veteran's appeals for increased ratings and earlier effective dates for cirrhosis of the liver and Hepatitis C have been dismissed. The Board has also dismissed his appeal for SMC based on need for regular aid and attendance due to service-connected disabilities. The issues of service connection for stroke residuals and special monthly compensation (SMC) based on the need for regular aid and attendance are being remanded.

The Veteran's claim for an increased rating for hepatitis C is being remanded due to the need for updated treatment records and a new VA examination.

The Board denied the Veteran's claims for left ring finger contusion residuals and hepatitis C, finding no evidence of current disabilities related to service. The right hand little finger fracture claim is remanded due to inadequate examination.,The Veteran’s right hand little finger fracture was rated as noncompensable under DC 5230.

The Board has determined that the Veteran's hepatitis C did not begin during service and is not related to any in-service event or condition, including an air gun injection. The preponderance of evidence does not support a finding that the Veteran's hepatitis C had its onset in service.

The Veteran's claims for increased ratings for bilateral hearing loss and hepatitis C prior to the specified dates were denied.

The Board has remanded the case due to conflicting opinions and need for additional evidence regarding whether the Veteran's hepatitis C is related to his active duty service.