Hepatitis C Board decisions

The Board has granted service connection for hepatitis C as secondary to the Veteran's service-connected PTSD with polysubstance abuse. For the initial rating period, the Veteran is assigned a 20 percent disability rating for diabetes mellitus requiring insulin and restricted diet.

The Board finds that the evidence is at least in equipoise as to whether the Veteran's hepatitis C is related to his active duty service, and grants service connection for this condition.

The Veteran's bilateral hearing loss is service-connected. The claims for hepatitis C, bilateral foot disabilities, and head injury residuals are being remanded for further development.

The Veteran's claim for service connection for a liver disorder, including hepatitis C, liver cirrhosis, and liver cancer is being remanded due to the need for additional development regarding his exposure to air gun inoculations during active duty.

The Veteran's claims for service connection for hepatitis C and an increased rating for damage to Muscle Groups I & II were denied. The claim for SMC based on loss of use of a creative organ was also denied, as the evidence did not show loss of use due to service-connected disabilities. The TDIU claim is moot since the Veteran's PTSD alone precludes substantially gainful employment.

The Veteran's hepatitis C and cirrhosis have been rated at the highest possible evaluation of 100 percent since September 20, 2012. He is also entitled to SMC based on housebound status.

The Veteran has withdrawn all of the issues on appeal, including service connection, rating, and TDIU issues.

The Veteran's claims for service connection for hepatitis C and cholangiocarcinoma have been granted. The Board also found that the Veteran is entitled to a TDIU rating due to his service-connected disabilities.

From February 1, 2009 to January 1, 2010, the Veteran's peptic ulcer disease was manifested by moderately severe symptoms including frequent abdominal and epigastric pain, bleeding ulcers, nausea, malaise, and constipation resulting in anemia and incapacitating episodes that occurred 12 times a year and lasted 12 days. The preponderance of evidence shows the Veteran's peptic ulcer disease was manifested by no more than occasional and intermittent abdominal and upper (and lower) quadrant pain, acid reflux, and gastritis with less severe symptoms not frequently occurring.,Prior to February 1, 2009 and from January 1, 2010, the preponderance of the evidence reflects that the Veteran's service-connected hepatitis C was manifested by daily fatigue and malaise with additional symptoms of arthralgias, gastrointestinal disturbance, nausea, and vomiting particularly when he was receiving ulcer therapy in 2009; there is no credible evidence of four or more weeks of incapacitating episodes.

The Board found no evidence to support a connection between the Veteran's hepatitis C and VA treatment in the 1980s, February 1993, or July 2003. The preponderance of evidence is against finding that the Veteran's hepatitis C was caused by VA care.

The Veteran's hepatitis C claim is being remanded for an addendum opinion from the April 2012 VA examiner regarding its etiology. The additional shoulder disability under 38 U.S.C.A. § 1151 is also being remanded, with a request to obtain an addendum opinion addressing whether the proximate cause of the superior labral tear was reasonably foreseeable or due to carelessness, negligence, or lack of proper skill.

The Veteran's claim for service connection for a bilateral hearing loss disability was denied as there is no evidence of such during service or within one year post-service.,Service connection for partial amputation of the left index finger was also denied, with the condition noted at service entrance and not aggravated by any in-service disease or injury.

The Board has determined that the Veteran's hepatitis C likely began during his military service and grants service connection for this condition.

The Veteran's claim for a higher rating for residuals of excision of plantar warts of the right foot was granted, with an evaluation in excess of 20 percent thereafter. The effective date is not specified as it is less than the maximum benefit available.

The Board has determined that a VA examination is needed to determine the etiology of the Veteran's currently diagnosed hepatitis C, and thus the appeal is being remanded for this purpose.

The Board has determined that the Veteran's current hepatitis C is etiologically related to his active military service, and therefore grants the claim for service connection.

The Veteran's service connection claims for liver condition (Hepatitis C), heart condition, kidney condition, lung condition, back condition, brain damage, and emotional/behavioral problems have all been granted. The claim for meningitis remains denied.

The Board found that the Veteran's current diagnoses of hepatitis C, diabetes mellitus, and hypertension were not incurred in service or related to his active duty. The evidence did not support a finding of direct service connection for these conditions.

The Veteran has withdrawn his appeals for all issues currently before the Board, including service connection claims and a TDIU claim. The appeal is dismissed.

The Veteran's depression is rated at 50 percent since December 23, 2015. The claim for service connection of Hepatitis C and skin disabilities of the left and right feet are granted.