Hepatitis C decisions — 2019

The Board dismissed the claims of service connection for a right ear cyst and an initial evaluation in excess of 10 percent for hepatitis C as there was no final RO decision on these issues, and the Veteran did not file timely NODs.

The Board has decided to remand the case due to oversight of the Veteran being put on dialysis in ICU immediately following his CABG surgery, which may have contributed to his development of hepatitis C. The VA physician is asked to reconsider their medical opinion regarding whether the Veteran acquired hepatitis C as a result of his November 2000 CABG surgery and hospitalization at VAMC.

The Veteran's hepatitis C was granted a 60% rating prior to September 1, 2015. A TDIU was also granted prior to September 1, 2015. The effective date for the TDIU is March 10, 2010.

The Board has remanded the case due to insufficient medical opinions regarding the cause of death and the relationship between service-connected conditions and the Veteran's liver cancer.

The Board has remanded the Veteran's claims of entitlement to service connection for right and left knee disabilities and hepatitis C due to a lack of sufficient evidence to decide the claim. The RO is instructed to obtain all VA medical records, schedule the Veteran for an examination, and provide a definitive opinion regarding the nature and etiology of his knee conditions and hepatitis C.

The Veteran's hepatitis C was not incurred in service, but his peripheral neuropathy of bilateral upper and lower extremities is aggravated by his diabetes mellitus. His bilateral ear injury claim has no current evidence of a disability other than hearing loss and tinnitus. His chronic obstructive pulmonary disease with emphysema is not related to service.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) is remanded due to the need for updated VA treatment records and an examination to assess his ability to work.

The Veteran's diagnosed hepatitis C is found to have started during his active duty service, and the Board grants service connection for this condition.

The Board has remanded the case due to uncertainty regarding whether hepatitis C, diagnosed during the appeal period, is related to service. The Veteran's claim for hepatic steatosis and hepatitis C will be further developed.

The Veteran's service connection claims for hepatitis C, PTSD, and ulnar neuropathy of the left upper extremity have been denied as his service discharge was considered dishonorable for VA purposes.

The Veteran's hepatitis C and cirrhosis of the liver are granted as secondary to his service-connected major depressive disorder with substance abuse. His major depressive disorder is rated at 70 percent since December 27, 2011.

The Board has decided to remand the cases for further development due to outstanding federal records and inextricably interwined TDIU claim.

The Board denied service connection for hepatitis C, finding that the Veteran's claim was not supported by evidence showing a causal relationship between his in-service injuries and his current condition.

The Board has remanded the case due to new evidence being added to the file, and a medical opinion is needed regarding whether the Veteran's fatal complications of hepatitis C were related to his military service.

The Veteran's cause of death, hepatocellular carcinoma and hepatitis C infection, is not service connected as there was no evidence linking these conditions to his military service.

The Veteran's hepatitis C was rated as noncompensable prior to April 20, 2016 and increased to 20 percent effective April 20, 2016. The Board found no higher ratings were warranted for the periods in question. Sleep apnea service connection is remanded due to lack of a medical opinion.

The Board has denied claims for service connection for hepatitis C, substance abuse, and anti-social personality disorder. The claim for schizophrenia is remanded as the Veteran was not provided a Statement of the Case regarding this issue.

The Board has remanded the claims for service connection for lumbar spine disorder, right hip disorder, hepatitis C, tension headaches (claimed as migraine headaches), and an acquired psychiatric disorder to include bipolar disorder and PTSD due to additional evidence being submitted since the last decision.

The Board has denied service connection for hepatitis C and heart failure. The case is being remanded to consider the heart failure issue.

The Veteran's claim for service connection of a psychiatric disability, hepatitis C, and migraines has been reopened. The rating for hepatitis C remains at 20 percent as the evidence does not support higher ratings due to lack of symptoms such as weight loss or incapacitating episodes.