Board Fails to Take into Account Relevant Evidence in Decision to Deny Service Connection for Hepatitus C and Diabetes

Board Fails to Take into Account Relevant Evidence in Decision to Deny Service Connection for Hepatitus C and Diabetes

Board Denies Service Connection Without Taking into Account Relevant Evidence

CCK successfully appealed to the Court of Appeal for Veteran’s Claims a Board decision that denied a veteran service connection for hepatitis C and diabetes. In its decision, the Board denied service connection based on an examination that found a lack of medically-based, clinical evidence to support the etiology of hepatitis C. The opinion relied on by the Board, however, failed to take into account relevant evidence from an in-service surgery and air-gun inoculation regulations.

Court Agrees with CCK’s Argument that the Issue of Service Connection for Diabetes was Linked to Hepatitis C

CCK argued, and the Court agreed, that the Board provided inadequate reasons or bases for its reliance on this examination. It found that it was “unclear to the Court how a lack of notation regarding improper needle use on the surgical report amounts to negative evidence given the understanding of proper needle use was presumably different in 1981.” The Court also agreed that the issue of service connection for diabetes was inextricably intertwined with hepatitis C. The Court vacated and remand the case back to the Board for readjudication.

To read the Court’s decision, click here.

Category: Court Wins