Citation Nr: 18121530
Decision Date: 07/26/18	Archive Date: 07/25/18

DOCKET NO. 11-21 152A
DATE:	July 26, 2018
ORDER
Service connection for hepatitis C is granted.
Service connection for an acquired psychiatric disorder, to include diagnosed as adjustment disorder with mixed emotional features, is granted.
FINDINGS OF FACT
1. The Veteran’s current hepatitis C began during active service.
2. The Veteran’s current acquired psychiatric disorder, to include diagnosed as adjustment disorder with mixed emotional features, is proximately due to his service-connected hepatitis C.
CONCLUSIONS OF LAW
1. The criteria for service connection for hepatitis C are met.  38 U.S.C. §§ 1110 5107(b); 38 C.F.R. §§ 3.102, 3.303(a).
2. The criteria for secondary service connection for an acquired psychiatric disorder are met.  38 U.S.C. §§ 1110, 5107(b); 38 C.F.R. §§ 3.102, 3.310(a).
REASONS AND BASES FOR FINDINGS AND CONCLUSIONS
The Veteran served on active duty from October 1966 to October 1968.  This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an August 2009 rating decision.
1. Entitlement to service connection for hepatitis C.
The Veteran asserts that his hepatitis C was incurred in service.  Alternatively, he asserts that it is secondary to his service-connected diabetes mellitus.
The Board concludes that the Veteran has a current diagnosis of hepatitis C that began during active service.  38 U.S.C. §§ 1110, 1131, 5107(b); Holton v. Shinseki, 557 F.3d 1363, 1366 (Fed. Cir. 2009); 38 C.F.R. § 3.303(a).
Private and VA treatment records show the Veteran has a current diagnosis of hepatitis C.  In May 2018, the Board requested an opinion from Veterans Health Administration (VHA) specialist.  In a July 2018 opinion, a VHA specialist opined that it is at least as likely as not that the Veteran’s hepatitis C diagnosis had its onset of service or within one year, adding that it could very well be related to service.  The Veteran noted that the Veteran’s diagnosis of hepatitis C was confirmed in March 2007, but explained that, given the high grade of liver disease at that time, it was likely that the Veteran had hepatitis C infection for a long time prior to his diagnosis.  The examiner further noted that proof of infection would have been difficult prior to 1992, and that the natural history of hepatitis C allow it to progress unnoticed for decades.  Thus, an individual could have the infection for a few to several decades before getting diagnosed.  Based on the above, and resolving any doubt in favor of the Veteran, the Board finds that his hepatitis C was incurred in service.
2. Entitlement to service connection for an acquired psychiatric disorder.
In December 2013, a VA examiner diagnosed adjustment disorder with mixed emotional features.  The examiner added that the Veteran has depression, anxiety, and sleep problems that were related, at least in part, to his concern about his hepatitis C.  VA treatment records show ongoing mental health treatment.  The relevant notes show a diagnosis of anxiety disorder NOS and indicate that the Veteran has seen a psychologist since August 2009.  Thus, the evidence establishes that the Veteran sought mental health treated two years after being diagnosed with hepatitis C, and a VA examiner has stated that his current mental health diagnosis is partially related to his hepatitis C.  Based on this evidence, and resolving any doubt in favor of the Veteran, the Board finds that the Veteran’s current mental health disability is secondary to his now service-connected hepatitis C.
 
Paul Sorisio
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	P. López, Associate Counsel