The veteran's hepatitis C was not incurred in or aggravated by active service. The Board found that the most likely route of transmission for his hepatitis C was intravenous drug use, which is considered a form of self-inflicted injury under VA regulations. As such, he cannot be granted compensation for this condition. For TDIU, while the veteran has multiple service-connected disabilities and completed three years of college, there is no evidence that these conditions are so severe as to preclude him from securing or following a substantially gainful occupation consistent with his education, training, and occupational experience.
The deciding factor: The Board found that the veteran's hepatitis C was not incurred in service due to lack of medical records indicating its presence during active duty. The VA examiner opined that intravenous drug use was the most likely cause for the veteran's current diagnosis of hepatitis C. However, as this condition is considered a result of the claimant's own willful misconduct (drug abuse), compensation for it is precluded under 38 U.S.C.A. § 1110 and 38 C.F.R. § 3.1(n).
- Claimed conditions
- Hepatitis C
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- December 15, 2005
- Citation
- 0533904
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. Look up the original decision on VA.gov (opens in a new tab) using citation 0533904.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied a compensable initial rating for Hepatitis C, finding that the Veteran's condition was asymptomatic and did not meet the criteria for any higher rating.
- Granted
The Board has determined that the Veteran's Hepatitis C with cirrhosis is related to service, and therefore grants service connection for these conditions.
- Partly granted
The Veteran's depressive disorder is granted as service-connected, with the Board finding it related to his active duty service and aggravated by his service-connected tibia fractures. The claim for hepatitis C is remanded due to inadequate medical opinions regarding its etiology.,Service connection for depressive disorder is established based on direct evidence of a current disability (depressive disorder) that was incurred during active duty service.
- Granted
The Veteran's service-connected Hepatitis C, lumbar DDD with strain, osteomyelitis, and loss of use of right foot disability rendered him so helpless as to be in need of regular aid and attendance. Effective October 28, 2008, the Veteran meets the criteria for SMC under various provisions.
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