The Board found that the reduction of the Veteran's rating for hepatitis C from 20% to 10%, effective March 1, 2007 was improper due to a lack of application of the provisions set forth in 38 C.F.R. § 3.344. The Board restored the original 20% schedular rating.
The deciding factor: The reduction decision did not consider the provisions of 38 C.F.R. § 3.344, which are required when reducing a disability rating that has continued at the same level for five or more years.
- Claimed conditions
- Hepatitis C
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- November 15, 2012
- Citation
- 1239101
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 1239101.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
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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