Hepatitis C Board decisions

The veteran's appeal is being remanded for additional development, including obtaining Social Security Administration records and medical records from providers who treated him. The claims for non-service connected pension benefits, hepatitis C service connection, chronic fatigue syndrome service connection, depression service connection, and post-traumatic brain syndrome service connection are also being reviewed.

The veteran's claim for compensation under 38 U.S.C.A. § 1151 for contracting hepatitis C due to VA surgery in January 1988 is denied as there is no evidence of a transfusion and the causation element is not met.

The veteran's claims for an initial compensable disability rating for mild gastritis and duodenitis, as well as his claim of service connection for hepatitis C, were denied. The Board found that the evidence did not support a finding of chronic gastritis with small nodular lesions or symptoms, and there was no current evidence of significant improvement in his condition. For hepatitis C, the veteran's claim was also denied because there is no evidence to suggest it was incurred during service.

The veteran's hepatitis C was rated at 10 percent since January 2005. The cervical spine disorder is rated as 10 percent disabling, and the right ankle fracture is rated as 20 percent disabling on and after June 1, 2005. The PTSD is rated as 50 percent disabling prior to May 24, 2005, and 70 percent disabling thereafter.

The Board has determined that the veteran's hepatitis C was rated at a noncompensable level from November 30, 2000 to January 31, 2002 and since September 1, 2002. For the period between February 1, 2002 and August 31, 2002, a 100 percent evaluation was granted.

The VA Board found that the veteran's current hepatitis C is not related to his active duty service and denied his claim.

The Board found that the veteran's hepatitis C did not meet or approximate the criteria for a rating in excess of 10 percent, as his condition has not involved minimal liver damage with associated fatigue, anxiety, and gastrointestinal disturbance necessitating dietary restriction or other therapeutic measures.

The Board has determined that the veteran's hepatitis C was not incurred in or aggravated by his period of active service and denied his claim.

The Board has determined that the veteran does not have hepatitis C, rheumatic fever, or a heart condition as a result of service. The claims are denied.

The Board has remanded the case for additional development, including obtaining Social Security Administration records and providing proper VCAA notice.

The Board found that the veteran's claimed hepatitis C is not a disorder of service origin and denied his claim for service connection.

The Board has granted an effective date of August 4, 2004 for the grant of service connection for PTSD. The issue of Hepatitis C remains pending as it is not on appeal.

The Board has determined that the veteran's claimed conditions are not related to his active service, and thus cannot be granted service connection.

The Board has remanded the case due to the need for a clinical nexus opinion regarding the likely etiology of the veteran's hepatitis C.

The VA has determined that the veteran's service-connected hepatitis C does not warrant a higher initial rating of more than 20 percent.

The veteran's appeal is remanded for further development, including obtaining medical records and arranging for VA examinations to determine the etiology of his Hepatitis C, hypertension, and impotency.

The Board found that the veteran's Hepatitis C is not etiologically related to his period of active service and denied the claim.

The Board has reopened the veteran's claims for service connection for left knee, cervical spine, low back, and left shoulder disabilities as secondary to a service-connected disability. However, the evidence does not support a finding of current diagnoses or a link between these conditions and active service or a service-connected condition.

The veteran's hepatitis C is currently rated as noncompensable, and the Board has ordered a new VA examination to assess its current status and frequency of incapacitating episodes.

The Board has determined that further development is required before the claim can be decided, including providing proper VCAA notice and obtaining a medical opinion regarding the etiology of the veteran's hepatitis C.