Hepatitis C decisions — 2002

The Board has determined that the veteran's hepatitis C was incurred during active service, resolving all reasonable doubt in his favor.

The Board has reopened the veteran's claim for service connection for a psychiatric disorder and granted an effective date of January 24, 1997 for his total and permanent disability pension rating.

The Board found that the veteran's hypertension, hepatitis C, and splenomegaly did not result from VA hospitalization or medical/surgical treatment in April 1990. The claims were denied.

The Board denied service connection for residuals of a left knee injury and hepatitis C, but granted service connection for residuals of an avulsion fracture of the left cuboid bone. The initial disability rating for residuals of a left ankle injury was increased to 10 percent.

The Board denied the veteran's claim for compensation under 38 U.S.C.A. § 1151 due to VA treatment in April 1989, finding that hepatitis C infection was a reasonably foreseeable event and not caused by fault or an unforeseeable event.

The Board found that the veteran's service-connected disabilities did not cause or contribute substantially to his death. The appellant argued that her husband's psychiatric condition caused his respiratory failure and pneumonia, but the Board concluded that his anxiety disorder and depression were not significant factors in his death.

The Board found that the veteran's hepatitis C was not incurred in service and denied his claim for service connection.

The veteran's appeal is granted, and he is awarded a rating of 30 percent for his service-connected postoperative residuals of fracture, left distal tibia and fibula, with posterior tibial and common peroneal nerve damage. The other issues are denied.

The Board denied the veteran's claims for an increased rating for hepatitis C and a 10 percent rating for multiple, noncompensable service-connected disabilities. The veteran was currently rated at 30 percent for hepatitis C under Diagnostic Code 7345.

The Board found that the veteran's hepatitis C with liver damage did not originate during his period of honorable service from October 1981 to October 5, 1985 and thus denied his claim.

The veteran's nonservice-connected disabilities, including PTSD, Anti-social Personality Disorder, Hepatitis C, and the residuals of a left leg injury, do not meet the criteria for a permanent and total disability rating for pension purposes.

The VA determined that the appellant did not suffer additional disability as a result of hepatitis C, which he claims was contracted from a blood transfusion during surgery performed at a VA hospital in October 1990. The Board found no basis for granting benefits under the provisions of 38 U.S.C.A. § 1151.

The Board of Veterans' Appeals has determined that the veteran's hepatitis C was incurred during his military service, and thus grants the claim for service connection.