The Board denied service connection for hepatitis C but granted compensation under 38 U.S.C. § 1151 for the condition, as it was found to be an additional disability resulting from VA medical treatment and care related to his service-connected heart disability.
The deciding factor: The evidence is in relative equipoise as to whether the Veteran's current hepatitis C is an additional disability that resulted from VA medical treatment and care related to his service-connected heart disability, and this is an event not reasonably foreseeable which was proximately due to some unknown 'carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault' on the part of VA.
- 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
- January 4, 2024
- Citation
- 24000726
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
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.
- Remanded (sent back)
The Board remands the issue of entitlement to an initial compensable disability rating for service-connected hepatitis C due to an inadequate VA examination and medical opinions.
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