Hepatitis C Board decisions

The Board found that the Veteran's current hepatitis C is not related to his service, specifically noting that there was no evidence of a nexus between the in-service airgun injections and the development of hepatitis C. The Veteran's other risk factors for hepatitis C (such as intranasal cocaine use) were also considered.

The Board has granted service connection for Hepatitis C, finding that the evidence is in equipoise as to whether it was incurred during service. Service connection for spondylosis is denied as there is no evidence of a chronic back disability present at separation from service.

The Veteran's appeal is remanded for additional development, including obtaining medical records and scheduling VA examinations to assess his PTSD and hepatitis C.

The Board has determined that the Veteran's hepatitis C was not caused by a disease or injury in service, and therefore denied his claim for service connection.

The Veteran withdrew his appeals for the claims of diabetes, peripheral neuropathy, PTSD, and hepatitis C during the October 2013 hearing on appeal.

The Board has determined that the Veteran's current hepatitis C is not related to his service, specifically due to a lack of objective evidence linking it to the hepatitis he was diagnosed with in-service. The VA examiner concluded that the current hepatitis C is more likely than not related to the Veteran's intravenous drug use after service.

The Veteran's appeal is being remanded for further development, including obtaining medical records and scheduling examinations to determine the current severity of his hearing loss, PTSD, and hepatitis C.

The Veteran's appeal for an initial rating in excess of 40 percent for intervertebral disc syndrome with degenerative arthritis changes has been withdrawn. The remaining issues on appeal will be remanded for further development.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and SSA disability determination records. A VA examination will be conducted to assess the need for aid and attendance or housebound status due to service-connected disabilities. The issues of special monthly compensation (SMC), special monthly pension (SMP), and nonservice-connected pension will also be addressed.

The Board has reopened the Veteran's claims for service connection for hepatitis C and an acquired psychiatric disorder, to include PTSD. The case is now remanded for additional development including VA examinations.

The Board has reopened the claim of service connection for hepatitis C and granted it, finding that new evidence received since the March 2006 rating decision is sufficient to reopen the case.

The Veteran's hepatitis C is currently evaluated at 40 percent, but does not meet the criteria for a higher evaluation as there are no symptoms that warrant a rating of 60 or 100 percent.

The Veteran's appeal was dismissed due to their death during the pendency of the appeal.

The Board denied the Veteran's appeal because his Substantive Appeal was not timely filed, and thus he did not have a valid appeal as to the issues of prostate cancer service connection and whether new and material evidence had been received to reopen hepatitis C.

The Board found that the Veteran's hepatitis C was initially diagnosed in 1998, more than two decades after separation from service. The clinician opined that there is no credible evidence to support the Veteran's allegation of non-sterile needles being used for over 100 soldiers.,There is insufficient evidence to establish a link between the Veteran's hepatitis C and his military service.

The Veteran's appeal was dismissed due to his death. The Board has no jurisdiction to adjudicate the merits of the appeal as he died during its pendency.

The Board has determined that new and material evidence has not been presented to reopen the claim for service connection for hepatitis C. The Veteran's current diagnosis of hepatitis C is attributed to illegal drug use during service, which precludes him from obtaining benefits based on this exposure. Service connection for a lumbosacral spine disability was also denied as there is no competent or credible evidence showing that it is related to service.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling examinations to address the issues of service connection for hepatitis C and recurrent callus formation of the right foot.

The Board has determined that additional development is needed to fully and fairly consider the Veteran's claims, including obtaining relevant medical records and scheduling appropriate examinations.

The Veteran's appeal for attorney fees was denied as the notice of disagreement regarding service connection for cirrhosis, hepatitis A, B, and C, and TDIU were not received prior to June 20, 2007. The appellant is therefore barred from charging the Veteran attorney fees with regard to these issues.