Hepatitis C decisions — 2022

The Veteran's hepatitis C is granted as service-connected, with the Board finding that his current condition is at least as likely as not related to in-service tattoos and body piercings.,Service connection for low back disability was denied. The Board found no evidence of an in-service injury or disease leading to the current condition, which has been present since 2008.

The Board has granted service connection for hepatitis C and cirrhosis of the liver, finding that both conditions are related to service. Hepatitis C was incurred during service due to exposure to blood from wounded soldiers. Cirrhosis of the liver is secondary to hepatitis C.

The Veteran's claims for service connection have been reopened due to the submission of new and material evidence.,Service connection is granted for DMII, but other issues remain pending as they are remanded.

The Board has remanded the case for additional development regarding service connection for an acquired psychiatric disorder. The Veteran is encouraged to provide any stressor statements or information about anyone who may have heard of the alleged sexual assault during service.

The Board has remanded the case due to an inadequate VA medical opinion regarding the etiology of hepatitis C. The Veteran was hospitalized for viral hepatitis in 1974, and there is evidence suggesting a possible onset during service.

The Veteran's brother, the Appellant, is seeking service connection for hepatitis C, peripheral neuropathy of the bilateral lower extremities, and liver cancer to receive accrued benefits necessary for reimbursement of expenses related to his last sickness and burial. The claims are currently remanded due to insufficient information regarding the total charges incurred and what amount if any was paid by the Appellant.,The Veteran's brother is also seeking SMC based on need for regular aid and attendance (A&A) or at the housebound rate, which is also currently remanded.

The Board has decided to remand the Veteran's claim due to an inaccurate statement of facts in a previous medical opinion. The Veteran claims he did not receive proper follow-up care for his hepatitis C, and the VA treatment is alleged to have caused additional disability.

The Veteran's TDIU claim for the period prior to July 9, 2019 is being remanded due to insufficient evidence meeting the schedular criteria. The case has been referred for extraschedular consideration.

The Veteran's bilateral hearing loss has been rated as noncompensable throughout the appeal period, with no worse than Level II hearing acuity in both ears and speech recognition ability of 88 percent in the right ear and 84 percent in the left ear during the June 2019 audiological evaluation.,The Veteran's hepatitis C has been rated as 10 percent under Diagnostic Code 7354, with a separate 30 percent rating for postoperative residuals of hepatocellular liver carcinoma with liver transplant. The appeal is remanded to determine if the Veteran should be evaluated separately or combined.

The Veteran's claims for effective dates earlier than August 4, 2014 for service connection for tinnitus and bilateral hearing loss have been withdrawn.,The Veteran's claim for service connection for depression has been reopened due to new evidence relating to a nexus to service or service-connected disability.,The Veteran's claim for service connection for hepatitis C has been reopened due to new evidence relating to a nexus to service or service-connected disability.,The Veteran's claims for service connection for sleep apnea and headaches have been remanded as the current severity of these conditions needs to be determined.

The Veteran's claims for increased ratings for his service-connected chronic liver disease and depressive disorder are being remanded due to the need to obtain additional medical records from Social Security Administration.

The Board denied the Veteran's claim for service connection for hepatitis C as secondary to his service-connected PTSD, finding that there is no evidence linking the Veteran's PTSD to his drug use and subsequent hepatitis C.

The Veteran's initial rating for left foot sole scar prior to December 1, 2017 is denied. The Veteran's claim of compensation under 38 U.S.C. § 1151 for a left eye disability due to VA surgery in November 2009 is also denied. Other issues related to service connection and effective dates are remanded.

The Board denied reopening the claims for hepatitis C, hypertension, and bilateral hallux valgus due to lack of new and material evidence. The Veteran's testimony regarding persistence of high blood pressure after service and prolonged standing in service did not raise a reasonable possibility of substantiating these claims.

The Board has remanded the cases of hepatitis C and multiple joint pain for further development to address the Veteran's in-service complaints and risk factors.

The Board has remanded the case for further development, including providing the Veteran and his representative with a copy of the curriculum vitae of the VA examiner who conducted the January 14, 2020 examination related to hepatitis C.

The Board has remanded the claims for service connection for hepatitis C and a liver condition, including liver cancer due to inadequate opinions in previous VA examinations. The Veteran's exposure to risk factors for hepatitis C is being sought from his military service.

The Veteran's claim for reimbursement of unauthorized medical expenses at Vanderbilt University Medical Center is granted as the treatment was rendered in a medical emergency and VA facilities were not feasibly available.

The Board dismissed the claim for service connection for hepatitis C and remanded the claims for higher ratings for peripheral neuropathy of the upper extremities.

The Veteran's service-connected disabilities rendered him unable to secure or follow substantially gainful employment, and the Board granted a TDIU on an extraschedular basis.