Hepatitis C decisions — 2018

The petition to reopen the previously denied claim for service connection for low back disability is denied.,The petition to reopen the previously denied claim for tuberculosis is denied.,The petition to reopen the previously denied claim for hepatitis C is granted, but service connection is denied.,Service connection for cramps in thighs and legs is denied.,Service connection for hammertoe of the right foot is denied.

The Board has granted an earlier effective date of July 24, 2014 for the award of non-service connected pension benefits due to a credible assertion by the Veteran that he initiated a claim on this date. The part of the August 2018 decision denying entitlement to an earlier effective date prior to November 17, 2015 is vacated.

The Veteran's VR&E benefits were initially denied due to his service-connected disabilities not resulting in an employment handicap. However, a significant change in his disability picture has occurred since the initial denial, including new service connection for hepatitis C and hypertension. The Board now requires a functional capacity evaluation to determine if he currently suffers from an employment handicap.

The Veteran's claims for service connection for cancer and hepatitis C were denied. The Board found that there was no evidence to support the claim of service connection, as both conditions are not related to his military service.

The Board has determined that there is at least a 50% chance that the Veteran's hepatitis C is related to his service, and thus grants service connection for this condition.

The Board has remanded the Veteran's claims for service connection and increased ratings due to incomplete records, including SSA disability benefits records and VA treatment records. The Veteran's left knee and low back disabilities are also being examined to determine their current severity.

The Board has determined that additional development is needed to determine the etiology of the Veteran's hepatitis C and seizure disorder, as these conditions may be related to his active service. The Veteran will need to undergo VA examinations for both conditions.

The Board has remanded the claims for service connection for left knee disorder, right knee disorder, pleural disease, and hepatitis C due to insufficient information regarding asbestos exposure and other factors.

The Board has remanded the claim for a total disability rating based on individual unemployability (TDIU) due to the Veteran's service-connected hepatitis C, as it impacts his employability.

The Veteran's hepatitis C with cirrhosis was granted a rating of 40 percent prior to April 5, 2013. From that date onwards, the Veteran's condition did not meet the criteria for a higher than 20 percent rating.

The Veteran's liver disability, including hepatitis C, was not manifest in service and is not attributable to service. The Board denied the claim for service connection.

The Veteran's hepatitis C disability is being remanded for a new examination to assess its current severity, and her TDIU claim is also being remanded due to the need for additional development.

The Veteran's death was not caused by a service-connected condition, as there is no evidence of hepatitis C or liver disease during his active duty. The Board found the appellant's statements insufficient to establish a relationship between the cause of death and the Veteran's period of active service.

The Board denied service connection for hepatitis C in 2008, and new evidence received since then does not raise a reasonable possibility of substantiating the claim.

The Veteran's claim for service connection for bilateral flat feet (claimed as ankle condition) has been reopened and granted. The claims for hypertension, hepatitis C, diabetes mellitus, adjustment disorder with anxiety and depression, and sarcoidosis have all been denied.