Hepatitis C decisions — 2021

The Board remands the claims for service connection for hepatitis C and a total disability rating based on individual unemployability (TDIU) to obtain a new nexus opinion.

The Veteran was granted a total disability rating based upon individual unemployability due to service-connected mood disorder from March 25, 2011, and special monthly compensation (SMC) based on housebound status from the same date.

The Veteran's hepatitis C, status post liver transplant was denied an increased disability rating in excess of 30 percent prior to August 9, 2019.,The Veteran's TDIU claim was also denied as his service-connected disabilities did not meet the schedular requirement for a TDIU.

The Board denied an initial rating in excess of 20 percent for hepatitis C as the evidence did not support daily fatigue, malaise, and anorexia with minor weight loss or hepatomegaly, or incapacitating episodes.

The Board remands the claim for service connection for hepatitis C to obtain an addendum opinion addressing secondary aggravation by a service-connected disorder, including diabetes mellitus type II.

The Board denied service connection for various conditions, including nicotine dependency, thyroid disorder, kidney disorder, GERD, diabetes mellitus, type II, hepatitis C and its residuals, peripheral artery disease, high blood pressure (also claimed as hypertension), COPD, multiple myeloma, chronic anemia, coronary arteriosclerosis disease, erectile dysfunction, and back disorder. The Board found that the preponderance of evidence did not support a finding that these conditions were related to service or exposure to herbicides.

The appeal for service connection for sleep apnea is dismissed. The effective date for a 100% rating for Hepatitis C is denied as it is not factually ascertainable that the Veteran had a 100% disability rating before June 29, 2017. The effective date for a 70% rating for PTSD is also denied as it is not factually ascertainable that the Veteran had a 70% disability rating before October 7, 2015. The appeal for SMC based on housebound status is dismissed.

The Board has remanded the Veteran's claims for an initial compensable rating for service-connected hepatitis B and entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities. The issues are inextricably intertwined, so both must be addressed together.

The Veteran was unable to secure and follow substantially gainful employment due to his service-connected disabilities, including lung cancer and low back pain. The Board granted a TDIU on an extraschedular basis.

The Board denied service connection for hepatitis C, cirrhosis of the liver, and a left knee disorder but granted service connection for bilateral flat feet.

The Board denied the Veteran's claims for an increased rating and TDIU, finding that his service-connected hepatitis C does not meet the criteria for a higher rating or preclude him from obtaining substantially gainful employment.

The Board denied the Veteran's claim for service connection for the cause of his death and also denied his claim for accrued benefits. The Board found that there was no evidence linking the Veteran's hepatitis C, diabetes, or any other conditions to his military service.

The Veteran's appeals for bilateral hearing loss, PTSD, hepatitis C, and bronchitis have been dismissed due to the death of the Veteran.

The Veteran's claim for an effective date prior to April 9, 2009 for a 100% evaluation for seizure disorder (now claimed as a neurological disorder) is denied.,The Veteran’s claims of service connection for left hand pain/numbness, right hand pain/numbness, numbness and tingling of the left foot, numbness and tingling of the right foot, and numbness of the left side of the face and body are remanded.,The Veteran's claim of service connection for a skin rash is remanded.,The Veteran’s claim of service connection for hepatitis C is remanded.,The Veteran’s claim of an evaluation greater than 10 percent for residual scarring status post-brain surgery to treat the service-connected seizure disorder is remanded.

The Board has granted service connection for hepatitis C, finding that the Veteran's current condition is related to his active duty exposure.