The Board has remanded the issue of service connection for hepatitis C, to include as secondary to a service-connected disability. The case must be addressed again with consideration of VA law and policy regarding substance abuse.
The deciding factor: The April 2019 VA examiner's opinion on the etiology of the Veteran's hepatitis C was found to be contrary to established VA law and policy, specifically Allen v. Principi, which prohibits compensation for secondary service connection due to alcohol or drug abuse.
- Claimed conditions
- hepatitis C
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 5, 2021
- Citation
- 21067688
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 21067688.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied service connection for hepatitis C, jaundice, hypogeusia, and hyposmia as there was no evidence of a current disability during the pendency of the claim.
- Remanded (sent back)
The Board denied service connection for hepatitis C and remanded the claim for a heart disability due to insufficient evidence.
- Granted
The Board granted service connection for hepatitis C, resolving reasonable doubt in the Veteran's favor.
- Denied
The Board denied the veteran's claims for service connection for hepatitis C, ulcerative colitis, lung disease, and obstructive sleep apnea (OSA) as there was no evidence of an in-service injury or disease related to these conditions.
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