The Board has remanded this case to re-adjudicate the service connection issue, including whether Hepatitis B is the result of the veteran's own willful misconduct. The claim for a permanent and total disability rating for pension purposes remains in abeyance.
The deciding factor: The RO failed to address the threshold question of whether the Hepatitis B that was diagnosed during service was the result of the veteran's own willful misconduct when re-opening the previously denied claim.
- Claimed conditions
- chronic residuals of hepatitis, Hepatitis B
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 3, 2002
- Citation
- 0207282
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Search VA.gov for the original decision (opens in a new tab) using citation 0207282.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's claims for service connection were denied, and the reduction of his hepatitis B rating from 20% to 0% was upheld. Service connection was not established for diabetes, left knee arthritis, hypertension, or obstructive sleep apnea. Bilateral hearing loss was granted.
- Remanded (sent back)
The Veteran's asthma and hepatitis B claims are remanded for further evaluation. The TDIU claim is also remanded due to its inextricability with the other claims.
- Remanded (sent back)
The Veteran's claim for an initial rating in excess of 20 percent for hepatitis B from January 4, 1977, to June 18, 2009 is being remanded due to the need for a retrospective addendum opinion.
- Denied
The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151 for Hepatitis B, finding insufficient evidence of a diagnosis and thus no additional disability.
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