Hepatitis C Board decisions

The Board has determined that the veteran's Hepatitis C is not related to his military service and therefore denied his claim.

The veteran's claims for service connection for various conditions, including bladder cancer and cluster headaches, are being remanded due to the failure of the veteran to appear at a scheduled hearing.

The Board has remanded the case to the RO for further action due to inadequate medical opinions and a need to address the credibility of the veteran's lay statements regarding his exposure to hepatitis C during service.

The Board denied the veteran's claim for service connection for hepatitis C and his request for an initial disability rating in excess of 20 percent for type II diabetes mellitus.

The Board found that the veteran's death was not caused by a service-connected disability, and thus denied the claim for service connection for the cause of the veteran's death.

The Board found that the veteran did not timely file a substantive appeal regarding the January 2004 rating decision denying service connection for hepatitis C, and thus the claim is denied. The Board also determined that new and material evidence was not received to reopen the claim for service connection for hepatitis C.

The veteran's appeal is being remanded for further development and due process considerations.

The Board found that the veteran's hepatitis C has been manifested by weakness, malaise, and an increase in liver enzymes; daily fatigue, malaise, and anorexia, with substantial weight loss (or other indication of malnutrition), and hepatomegaly. The next higher rating requires an additional factor of anorexia with substantial weight loss or incapacitating episodes having a total duration of at least six weeks during the past 12-month period, which is not shown in this case.

The Board has determined that new and material evidence has not been submitted to reopen the veteran's claims for service connection for hepatitis C, residuals of removal of shrapnel from the left foot and forehead, and a left index finger disorder. The claims were previously denied in November 2000 due to lack of evidence linking these conditions to active service.

The veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling examinations to evaluate his service-connected conditions.

The Board found that new and material evidence had been submitted to reopen the claim for service connection for hepatitis C, but concluded that the veteran's contentions regarding in-service exposure were not credible.

The Board denied the claim for an effective date earlier than November 8, 2004 for a 40 percent evaluation of Hepatitis C disability. The evidence did not show any increase in disability prior to this date.

The VA has denied a higher initial rating for hepatitis C, finding that the veteran's symptoms have not met the criteria for an increased rating.

The Board has determined that the veteran's service-connected hepatitis C warrants a 10 percent disability rating, effective December 10, 2001. The evidence shows intermittent fatigue, malaise, and anorexia without weight loss or hepatomegaly.

The veteran's claims for a compensable rating for viral hepatitis and service connection for depressive disorder, to include as secondary to viral hepatitis are being remanded due to the need to address whether new and material evidence has been submitted to reopen his previously denied claim for service connection for hepatitis C.

The Board has remanded the case for further development, including scheduling a video-conference hearing before the Board.

The Board denied the veteran's claims for service connection for various conditions, including hepatitis C, a back disorder, chronic liver disease, depression, tension and anxiety, chronic headaches, and nervous system damage. The decision also addressed his claim for an initial compensable rating for bilateral hearing loss.

The Board has reopened the claim of service connection for Hepatitis C and granted it, finding that new evidence supports a reopening of the claim.

The Board denied the veteran's claims for service connection due to lack of evidence showing his acquired psychiatric disorder was incurred in or aggravated by service, and because hepatitis C is not a disease that can be presumed based on its latency period. The claim for hepatitis C was also denied as it resulted from the veteran's own willful misconduct.