Hepatitis C decisions — 2019

The Board has partially vacated the decision regarding reopening service connection for the cause of the Veteran’s death due to new evidence. The claim is now reopened, and the case is remanded for further development including a VA opinion on whether Agent Orange exposure or PTSD contributed to the Veteran's death.

The Board denied the claim for service connection for the cause of the Veteran's death, finding that there was no evidence to support a relationship between the Veteran's hypertensive and atherosclerotic cardiovascular disease, kidney disease or hepatitis C and his military service.

The Board has granted service connection for hepatitis C and an acquired psychiatric disorder, but has remanded the claims for a lower back disability and liver disability.

The Board has remanded the Veteran's claims for hepatitis C and loss of eyesight, to include as secondary to hepatitis C due to incomplete development and lack of consideration of specific risk factors.

The Veteran's claim for an initial rating in excess of 30 percent for depression was denied, and his TDIU claim was also denied.,The Veteran served on active duty from March 1977 to March 1981. His service-connected disabilities include hepatitis C rated at 40% and depressive disorder rated at 30%. The combined rating is 60%, which does not meet the criteria for a TDIU based on percentage alone.

The Board has determined that the current VA medical opinion is insufficient and remanded for a new examination to determine if the Veteran's hepatitis C is related to his military service, specifically as a hospital corpsman. The Veteran will be provided with an opportunity to submit additional evidence.

The Veteran's service-connected disabilities, including lumbar degenerative spondylosis and right and left knee patellar-femoral degenerative changes, cause severe impairment such that he is unable to ambulate without an assistive device such as a wheelchair. The Board finds eligibility for specially adapted housing due to loss of use of both lower extremities.

The Board denied service connection for hepatitis C, finding that the preponderance of evidence does not support a link between the condition and active service.

The Veteran's appeal is remanded due to the need for a new VA examination to assess the current severity of his service-connected Hepatitis C and whether liver cirrhosis is related to it.

The Board has decided that the reduction of the Veteran's hepatitis C with cirrhosis of the liver, status-post liver transplant from 100 percent to 30 percent effective September 1, 2014, was improper. The decision is pending as a result of outstanding VA treatment records.

The Veteran's service-connected prostate cancer did not cause or contribute to his death. The Board found that the Veteran's cirrhosis, hepatitis C, and hepatocellular carcinoma were not related to his military service, including exposure to herbicides. Therefore, service connection for the cause of death was denied.

The case is being remanded due to the Court's decision that the Board erred by relying on a VA expert’s opinion. The Veteran submitted new medical records and statements, so an updated VA examination is needed.

The Board has determined that the Veteran's current hepatitis C did not manifest in service and is not otherwise etiologically related to his military service. Therefore, the claim for service connection for hepatitis C is denied.

The Board has remanded six issues: service connection for PTSD and substance abuse, service connection for Hepatitis C, service connection for a right-hand disorder, increased rating for right shoulder disorders. The AOJ must issue an SSOC addressing the issues of entitlement to service connection for PTSD and substance abuse.

The Veteran's PTSD claim was denied, but his Hepatitis C claim is remanded for further review.,PTSD service connection remains undecided as the VA examiner found no evidence of a diagnosis during active service.

The Board denied the Veteran's claims for service connection for hepatitis C, pancreatic cancer, and splenectomy as secondary to hepatitis C due to a lack of evidence linking these conditions to his military service.

The Veteran's service-connected conditions do not render him unemployable, as he has been employed in various capacities and the Board finds that his employment is not marginal.

The Veteran's gout was granted service connection as it manifested during active duty.,Service connection for PTSD is denied due to lack of current diagnosis.

The Veteran's hepatitis C is remanded for a new VA opinion to determine if it was caused by or the result of immunizations via air gun injector during active duty service.

The Board has remanded the case due to the need for clarification of the Veteran's symptoms related to his hepatitis C, and to obtain a medical opinion regarding the severity of his service-connected condition.