Hepatitis C Board decisions

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 for hepatitis C resulting from a VA surgical procedure in September 2005 was denied, as the evidence did not establish that his hepatitis C was caused by carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of the VA.

The Board has remanded the case due to the need for additional development and examination, including obtaining medical records from private providers and scheduling a VA examination.

The Veteran's alcohol and substance abuse are related to his service-connected PTSD and major depressive disorders, which is granted.

The Board has remanded the case for additional development, including obtaining updated VA treatment records and scheduling an addendum opinion regarding the Veteran's hepatitis C. The TDIU claim is also inextricably intertwined with the service connection claim.

The Board has determined that the Veteran's HCV is likely due to his service, specifically the use of an air gun for inoculations. The claim is granted.

The Board has remanded the case for further development due to missing service treatment records and an inadequate VA examination. The Veteran's claim of hepatitis C service connection is pending.

The Veteran's lumbar spine disability is currently rated at 40% and the Board finds that a higher rating is warranted for this condition. The Veteran was also granted service connection for Hepatitis C, an upper back disorder as secondary to degenerative disc disease (DDD), and upper extremity pain as secondary to a service connected right wrist disability.

The Veteran's service-connected disabilities do not make him permanently bedridden or unable to care for his daily needs without requiring the regular aid and attendance of another person. The Veteran does not have a single service-connected disability rated 100 percent with separate service-connected disabilities ratable at 60 percent or more, nor is he permanently confined to his immediate premises as a result of service-connected disabilities.

The Veteran's service-connected disabilities prevent him from obtaining and retaining substantially gainful employment, warranting a grant of TDIU.

The Board has determined that the Veteran's hepatitis C did not manifest within one year of separation from service and there is no evidence linking his current condition to his active duty service, specifically air gun immunizations. The claim for service connection is denied.

The Board has remanded the claims for hypertension, hepatitis C, and liver damage due to inadequate development and compliance with prior remand directives.

The Board found that the Veteran's hepatitis C was not related to his active service, and concluded that it is more likely than not caused by his own IV drug use rather than any risk factors associated with his military service.

The Board has remanded the Veteran's claims for additional development due to incomplete medical opinions and outstanding VA treatment records.

The Veteran's service connection claim for hepatitis C is granted, as the medical evidence supports a finding that he contracted hepatitis C during his military service. The claim for an increased rating for residuals of hepatitis B is remanded.

The Veteran's hepatitis C has not been shown to meet the criteria for a compensable rating under Diagnostic Code 7354, as there is no evidence of anorexia or incapacitating episodes lasting one week or more. As such, his claim for a higher rating is denied.

The Board has determined that the Veteran does not have a present disability of bilateral hearing loss for VA purposes, and thus service connection is denied. The claim for hepatitis C was remanded but no further action could be taken due to lack of records.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling examinations to address the severity of his service-connected conditions and their impact on his ability to work.

The Board has determined that the claims for service connection for hepatitis C and a liver disability, claimed as secondary to hepatitis C, need further development due to insufficient evidence. The case is being remanded for additional examination and opinion.

The Veteran withdrew his appeal for hepatitis C prior to the Board's decision. The case is being remanded for further development regarding service connection for an acquired psychiatric disorder.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining VA and private treatment records, arranging for examinations to assess the severity of his PTSD and chronic hepatitis C infection, and readjudicating the claims.