The Veteran's hepatitis C was caused by blood transfusions for hemophilia treatment at VA facilities, and this event was not reasonably foreseeable. The Board found that the additional disability of hepatitis C is due to an unforeseeable event (blood transfusion) rather than negligence or fault on the part of VA.
The deciding factor: The event causing the Veteran's hepatitis C (blood transfusions for hemophilia treatment at VA facilities) was not reasonably foreseeable, and thus does not meet the requirement that the additional disability be caused by an instance of fault on the part of VA in furnishing medical care.
- Claimed conditions
- Hepatitis C
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 18, 2018
- Citation
- 18158250
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 18158250.
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.
- Partly granted
The Board granted service connection for cirrhosis, hepatitis C, hepatocellular carcinoma, gastroesophageal reflux disease (GERD), gastritis, Barrett's esophagus, and obstructive sleep apnea but dismissed the claim for an acquired psychiatric disability.
- Remanded (sent back)
The Board remands the claim for a new VA addendum opinion to determine if the Veteran's liver cancer and hepatitis C are related to his active service, including exposure to agent orange.
- Partly granted
The Board granted service connection for several conditions, including lumbar spine degenerative arthritis and radiculopathy of the sciatic and femoral nerves, with effective dates from March 15, 2013. The Board also granted a TDIU and DEA based on unemployability due to service-connected disabilities.
- Denied
The Board denied the veteran's claims for increased ratings for bilateral hearing loss, hypertension, and hepatitis C as there was no evidence of functional impairment sufficient to warrant a higher rating.
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