Hepatitis C decisions — 2019

The Veteran's claim for an initial rating in excess of 30 percent for depression was denied, and his TDIU claim was also denied.,The Veteran served on active duty from March 1977 to March 1981. His service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation.

The Board has determined that the current VA medical opinion is insufficient and remands the case for a new examination to determine if the Veteran's hepatitis C is related to his military service, specifically as a hospital corpsman.

The Board denied service connection for hepatitis C, finding that the preponderance of evidence does not support a link between the condition and active service.

The Veteran's service-connected disabilities, including lumbar degenerative spondylosis and right and left knee patellar-femoral degenerative changes, cause severe impairment such that he is unable to ambulate without an assistive device such as a wheelchair. The Board finds eligibility for specially adapted housing due to loss of use of both lower extremities.

The Veteran's appeal is remanded due to the need for a new VA examination to assess the current severity of his service-connected Hepatitis C and whether liver cirrhosis is related to it.

The Board has decided that the reduction of the Veteran's hepatitis C with cirrhosis of the liver, status-post liver transplant from 100 percent to 30 percent effective September 1, 2014, was improper. The decision is pending as a result of outstanding VA treatment records needing to be obtained.

The Veteran's service-connected prostate cancer did not cause or contribute to his death. The Board found that the Veteran's cirrhosis, hepatitis C, and hepatocellular carcinoma were not related to his military service, including exposure to herbicides. Therefore, service connection for the cause of death was denied.

The Veteran's claims for PTSD, depressive disorder, and bilateral hearing loss have been granted. The appeal for an earlier effective date for service connection for bilateral hearing loss has been withdrawn by the Veteran. Service connection is also granted for hepatitis C and liver disability, respiratory disability (including sleep apnea), diabetes mellitus, pancreas disability, heart disability, and gastrointestinal disability. However, further evidence is needed to determine if these conditions are related to active service.

The case is being remanded due to the Court's decision that the Board erred by relying on a VA expert’s opinion. The Veteran submitted new medical records and statements, so an updated VA examination is needed.

The Board denied the Veteran's claims for service connection for hepatitis C, pancreatic cancer, and splenectomy as secondary to hepatitis C due to a lack of evidence linking these conditions to his military service.

The Veteran's PTSD claim was denied, with a higher rating for PTSD from June 7, 2018.,The VA examination regarding the Veteran's Hepatitis C is inadequate and requires further review.

The Board has remanded six issues for further development and consideration. These include service connection for PTSD and substance abuse, service connection for Hepatitis C and a right-hand disorder, and increased rating for right-shoulder disorders.

The Veteran's service-connected conditions do not render him unemployable, as he has been employed in various capacities and the Board finds that his employment is not marginal.

The Board has remanded the case due to the need for clarification of the Veteran's symptoms related to his hepatitis C, and to obtain a medical opinion regarding the severity of his service-connected condition.

The Board has determined that the Veteran's current hepatitis C did not manifest in service and is not otherwise etiologically related to his military service, thus denying his claim for service connection.