Hepatitis C decisions — 2010

The Board has remanded the case for readjudication of the claim of service connection for cryoglobinemia, hepatitis C, and kidney complications for accrued benefits purposes. If granted, the claim of service connection for the cause of the Veteran's death will be readjudicated.

The Board has determined that the Veteran's hepatitis B and C, including jaundice as a manifestation thereof, are related to his military service. The case is REMANDED for further development.

The Board found that the severance of service connection for Hepatitis C and Major Depressive Disorder was improper, as there is no evidence to support a finding of clear and unmistakable error in the original grant of service connection.

The Veteran's claim for service connection for hepatitis C is being remanded due to the loss of his service treatment records.

The Board found no evidence to support a relationship between the Veteran's currently diagnosed Hepatitis C and his military service.

The Board has granted the Veteran's claim for service connection for hepatitis C, finding that resolving all reasonable doubt in his favor, the condition was incurred during military service. The decision is based on new supporting medical opinions from VA physicians and other evidence submitted by the Veteran.

For the period from November 3, 2003 to October 31, 2004, the Veteran's hepatitis C was manifested by daily fatigue, malaise, and anorexia with substantial weight loss (or other indication of malnutrition), warranting a 60 percent initial rating. From November 1, 2004, the evidence did not meet the criteria for a higher evaluation.

The Board has reopened the claim for service connection for hepatitis C with liver cirrhosis and granted it. The cause of death is being addressed in a separate remand.

The RO granted full compensation under 38 U.S.C.A. § 1151 for hepatitis C infection, which represents the resolution of the Veteran's appeal.

The Veteran's claims of service connection for tinnitus and hepatitis C have been granted, effective September 5, 2007. The Board is taking action favorable to the Veteran by granting these claims.

The Veteran's TDIU claim is being remanded for extra-schedular consideration due to his service-connected disabilities, which render him unable to work.

The Board found that the Appellant's discharge was under dishonorable conditions due to willful and persistent misconduct, which bars VA disability compensation. The claim for service connection for hepatitis C is denied as a matter of law.

The Board has determined that new and material evidence was not received to reopen the claims for service connection for a right knee disorder and hepatitis C. The Veteran's pre-existing right knee condition is not shown to have been aggravated during his active duty, and there is no evidence of record showing that his current hepatitis C was incurred in or aggravated by his military service.

The Board has granted the Veteran's claim for service connection for hepatitis, including hepatitis B and C, based on direct evidence of a link to his military service.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 for hepatitis C has been dismissed due to the Veteran's death.