The reduction of the disability rating for viral hepatitis from 40 percent to noncompensable effective March 1, 2017 was improper. The prior rating of 40 percent must be restored from March 1, 2017.
The deciding factor: The VA examinations and opinion were inadequate to establish sustained improvement in the Veteran's viral hepatitis sufficient to warrant a reduction.
- Claimed conditions
- Viral hepatitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- September 19, 2019
- Citation
- 19172789
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 19172789.
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.
- Granted
The Veteran's service-connected viral hepatitis was granted an increased rating, and her PTSD claim for service connection was also granted.
- Remanded (sent back)
The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling a VA examination. The Veteran's claim remains before the Board for appellate review.
- Denied
The veteran's multiple disabilities do not meet the criteria for a permanent and total disability rating for pension purposes based on his service-connected conditions, as they are not of sufficient severity to render him permanently unemployable.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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