Hepatitis C Board decisions

The Board has decided to remand the case due to a lack of a VA examination prior to the rating decision, and the need for an examination to determine if the Veteran's hepatitis C is related to his service.

The Board has remanded the claims for service connection for hepatitis C and TDIU due to insufficient evidence regarding the etiology of the Veteran's condition.

The Veteran's hepatitis C, status post liver transplant was rated at 30 percent prior to August 9, 2019. The Board denied an increased rating as the evidence did not show symptoms warranting a higher rating.

The Veteran's service-connected mood disorder, along with other disabilities rated at least 60 percent disabling, qualifies him for TDIU and SMC based on housebound status from March 25, 2011. However, he does not meet the criteria for SMC based on need for regular aid and attendance.

The Board has remanded the case for further development due to insufficient compliance with previous remand directives. The Veteran's claim of service connection for hepatitis C, which is secondary to a service-connected disorder (likely diabetes mellitus type II), needs additional medical opinion.

The Veteran's hepatitis C was not manifested by daily fatigue, malaise, and anorexia with minor weight loss and hepatomegaly or incapacitating episodes (with symptoms such as fatigue, malaise, nausea, vomiting, anorexia, arthralgia, and right upper quadrant pain) having a total duration of at least four weeks but less than six weeks during the past 12-month period. As a result, the Veteran's hepatitis C was rated at 20 percent from June 8, 2004.

The Veteran's appeal for service connection for sleep apnea was dismissed. The effective date for a 100% rating for Hepatitis C and the earlier effective date for a 70% rating for PTSD were denied due to lack of timely notice of disagreement or request for increase, and because it is not factually ascertainable that these ratings were warranted before the specified dates.

The Board denied service connection for various conditions, including nicotine dependency, thyroid disorder, kidney disorder, GERD, diabetes mellitus, type II, hepatitis C and its residuals, peripheral artery disease, high blood pressure, COPD, multiple myeloma, chronic anemia, coronary arteriosclerosis disease, erectile dysfunction, and back disorder. The Board found that the preponderance of evidence did not support these claims.

The Board has remanded the Veteran's claims for an initial compensable rating for service-connected hepatitis B and entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities. The issues are inextricably intertwined, so both must be addressed together.

The Veteran's claims for hepatitis C, cirrhosis of the liver, a left knee disorder, and bilateral flat feet were denied. Bilateral flat feet was granted service connection.

The Board denied the Veteran's claim for service connection for the cause of his death and also denied his claim for accrued benefits. The Board found that there was no evidence linking the Veteran's hepatitis C, diabetes, or any other conditions to his military service.

The Veteran's hepatitis C is rated at 40 percent, but the Board denied a higher rating as it did not meet the criteria for a 60 percent rating due to lack of incapacitating episodes or substantial weight loss.

The Veteran was unable to secure and follow substantially gainful employment due to his service-connected disabilities, including lung cancer and low back pain. The Board granted a TDIU on an extraschedular basis.

The Board has denied service connection for hepatitis C, finding that the Veteran's drug use during service was willful misconduct and thus not incurred in line of duty.

The Veteran's claim of service connection for a nervous disorder was denied in September 1980 due to failure to report for a VA examination. The Board found no CUE and denied the motion.,The Veteran's hepatitis C has not caused symptoms such as intermittent fatigue, malaise, and anorexia or any incapacitating episodes (with symptoms such as fatigue, malaise, nausea, vomiting, anorexia, arthralgia, and right upper quadrant pain).,PTSD results in social and occupational impairment but does not meet the criteria for a 100 percent rating due to total social impairment. The Veteran's service-connected psychiatric disorder has resulted in signs and symptoms such as difficulty understanding complex commands, memory impairment, disturbances in motivation and mood, irritability, difficulty establishing and maintaining relationships, and suicidal ideation.

The Board has determined that the Veteran's hepatitis C did not have its onset during service and is not otherwise related to service or a service-connected disability. The claim for service connection for hepatitis C is denied.

The Board has denied the Veteran's claims for service connection for hepatitis C and major depressive disorder as secondary to hepatitis C. The decision states that there is no evidence linking the current conditions to service, including a laceration injury in service which did not involve blood exposure or use of shared instruments.

The Veteran's appeals for a higher evaluation for hepatitis C and TDIU prior to December 14, 2005 have been dismissed due to the withdrawal of his appeal by his representative.

The Board has remanded the case due to new evidence and theories of service connection, including a potential link between PTSD, drug use, and hepatitis C.

The Board has determined that the Veteran's Hepatitis C did not begin during service and is not related to any in-service injury or disease. The claim for service connection for Hepatitis C is denied.