The Veteran's claim for compensation under 38 U.S.C.A. § 1151 for hepatitis C resulting from a VA surgical procedure in September 2005 was denied, as the evidence did not establish that his hepatitis C was caused by carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of the VA.
The deciding factor: The VA examiner found no evidence linking the Veteran's hepatitis C to the September 2005 surgery and noted that the risk of transmission through a surgical procedure is vanishingly small. The Veteran had a history of cocaine use, which is a significant risk factor for hepatitis C transmission.
- Claimed conditions
- Hepatitis C, Lipoma, right anterior lumbar area, Lipoma, right upper extremity, Lipoma, left upper extremity, Lipoma, trunk of body
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- August 4, 2017
- Citation
- 1731443
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. Read the original VA decision (opens in a new tab) using citation 1731443.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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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