Hepatitis C decisions — 2010

The Board has determined that the Veteran does not have current disabilities of hepatitis A, B, or C and therefore cannot establish service connection for these conditions.

The Veteran's claims for residuals of a stab wound and hepatitis C were denied as the evidence does not support service connection. The claim for TDIU was also denied due to the presence of multiple nonservice-connected disabilities.

The Veteran's claim for service connection for Hepatitis C, to include as secondary to his service-connected post-traumatic stress disorder with alcohol dependence, is being remanded due to the need for additional development and examination.

The Board denied the Veteran's claims of entitlement to service connection for upper and lower extremity peripheral neuropathy as secondary to his service-connected diabetes mellitus, and for hepatitis C. The decision found that there was no evidence of a nexus between these conditions and service.

The Board found that the Veteran's death was not caused or materially affected by a service-connected disability, and thus denied the claim for service connection for cause of death.

The Board found that the Veteran's current diagnosis of hepatitis C is most likely attributable to his history of intravenous drug use, which occurred during a period when he was stationed overseas in Germany. Therefore, the Board determined that hepatitis C was not incurred in or aggravated by active duty service.

The Veteran's low back disability is currently rated at 20 percent, and the Board finds that this rating adequately reflects his current functional limitations.

The Board has reopened the Veteran's claim for service connection for hepatitis C due to new and material evidence received since the last final denial. The Board determined that it is at least as likely as not that the Veteran contracted hepatitis C during his military service.

The Veteran's service-connected hepatitis C is rated at 20 percent, which approximates the criteria for daily fatigue, malaise, and anorexia (without weight loss or hepatomegaly), requiring dietary restriction or continuous medication.

The Board has remanded the case due to new evidence and a need for further examination. The Veteran's claim of service connection for hepatitis C is being reconsidered on its merits.

The Board has determined that the Veteran timely filed a substantive appeal, and thus the claim of service connection for hepatitis C is granted.

The Board has determined that there is no evidence to support a finding of service connection for hepatitis C, and thus the claim is denied.

The Veteran's claim for an increased rating for hepatitis C was denied as the evidence did not show daily fatigue, malaise, anorexia, weight loss or hepatomegaly, or; incapacitating episodes having a total duration of at least four weeks, but less than six weeks, during the past 12-month period.

The Board found that the Veteran did not innocently acquire hepatitis C infection during active service and denied claims for service connection for chronic renal failure, hypertension, and congestive heart failure. The evidence showed no direct link between these conditions and his military service.

The Board found that the Veteran does not have a current chronic viral hepatitis disability, or residuals of hepatitis, for which service connection may be established.