Hepatitis C decisions — 2006

The Board has remanded the case due to the need for a VA medical opinion regarding the etiology of the appellant's hepatitis C and whether it is related to his military service.

The Board has granted service connection for hepatitis C with hiatal hernia and assigned a 30 percent evaluation. The effective date of the award is not addressed, as it was prior to June 17, 1997. The combined rating remains at 40 percent from June 17, 1997, through September 13, 1998, and at 50 percent thereafter.

The veteran's dyshidrotic dermatitis of the right hand does not meet the criteria for a compensable rating.,Service connection is granted for PTSD based on confirmed in-service stressors.

The Board found that the veteran's hepatitis C was likely due to his own willful misconduct, specifically IV drug abuse during service. Therefore, it denied the claim for service connection.

The Board has determined that there is no competent evidence of hepatitis C which is the result of a disease or injury incurred in service, and thus denied the veteran's claim for service connection.

The VA denied an increased rating for hepatitis C, currently evaluated as 10 percent disabling.

The Board has denied the veteran's claim for service connection for hepatitis C, finding that there is no evidence to support a link between his military service and the condition.

The veteran's appeal is being remanded for additional development, including obtaining Social Security Administration records and medical records from providers who treated him. The claims for non-service connected pension benefits, hepatitis C service connection, chronic fatigue syndrome service connection, depression service connection, and post-traumatic brain syndrome service connection are also being reviewed.

The veteran's claim for compensation under 38 U.S.C.A. § 1151 for contracting hepatitis C due to VA surgery in January 1988 is denied as there is no evidence of a transfusion and the causation element is not met.

The veteran's claims for an initial compensable disability rating for mild gastritis and duodenitis, as well as his claim of service connection for hepatitis C, were denied. The Board found that the evidence did not support a finding of chronic gastritis with small nodular lesions or symptoms, and there was no current evidence of significant improvement in his condition. For hepatitis C, the veteran's claim was also denied because there is no evidence to suggest it was incurred during service.

The Board found that the veteran's hepatitis C did not meet or approximate the criteria for a rating in excess of 10 percent, as his condition has not involved minimal liver damage with associated fatigue, anxiety, and gastrointestinal disturbance necessitating dietary restriction or other therapeutic measures.

The veteran's hepatitis C was rated at 10 percent since January 2005. The cervical spine disorder is rated as 10 percent disabling, and the right ankle fracture is rated as 20 percent disabling on and after June 1, 2005. The PTSD is rated as 50 percent disabling prior to May 24, 2005, and 70 percent disabling thereafter.

The Board has determined that the veteran's hepatitis C was rated at a noncompensable level from November 30, 2000 to January 31, 2002 and since September 1, 2002. For the period between February 1, 2002 and August 31, 2002, a 100 percent evaluation was granted.

The VA Board found that the veteran's current hepatitis C is not related to his active duty service and denied his claim.

The Board has determined that the veteran's hepatitis C was not incurred in or aggravated by his period of active service and denied his claim.