The veteran also has argued (as discussed by the RO in the
SOC) that his hepatitis C is a separate disability that is
secondary to his hepatitis B. However, since, as noted
above, the veteran is not entitled to service connection for
hepatitis B, he cannot be entitled to service connection for
a disability proximately due to, the result of, or aggravated
by this disability
Significantly, the Board notes that the only competent and
persuasive medical opinion to directly address whether there
exists a medical nexus between current hepatitis B and C and
service, or between hepatitis C and hepatitis B, weighs
against the veteran’s claims. The December 2007 VA examiner,
after a review of the claims file, did not find any evidence
of hepatitis B infection while in service, though he found
complaints of gastroenteritis. Though the veteran maintained
he was given a shot in service once he was diagnosed with
hepatitis B, the VA examiner found it was less likely than
not that this would have caused hepatitis C, which was found
later in the 1990s. The VA examiner also found that the
veteran had multiple risk factors for hepatitis at this time,
including past intravenous drug use, blood exposures with
needle punctures, possible sexual transmission, ear piercing
and a history of intranasal cocaine use. The examiner
further found that these risk factors could have occurred at
any time during service and that there was also evidence that
drug use and alcohol use continued post-service. The VA
examiner opined that the veteran’s hepatitis C infection was
at least as likely as not related to the IV drug use, though
it was difficult to determine when this occurred. The
examiner noted that hepatitis C is a chronic infection and
that he was unable to determine if this was caused during
service, when the veteran had these multiple risk factors, or
if it occurred post service.
http://www.va.gov/vetapp08/Files2/0810084.txt
This fellow isn’t going anywhere with this. Very sad that his VSO encouraged him. This is where the power of positive thinking clashes with reality and the VA.
