Citation Nr: 19191526 Decision Date: 12/05/19 Archive Date: 12/05/19 DOCKET NO. 16-39 933 DATE: December 5, 2019 REMANDED Entitlement to service connection for Hepatitis C is remanded. REASONS FOR REMAND The Veteran served on active duty from March July 1980 to April 1990. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a July 2016 rating decision of the VA Regional Office (RO). In August 2019, the Veteran at a videoconference hearing before the undersigned Veterans Law Judge (VLJ). A transcript of the hearing is associated with the claims file. 1. Entitlement to service connection for Hepatitis C is remanded. The Veteran is claiming entitlement to service connection for Hepatis C. He believes he contracted Hepatitis C either from having unprotected sex or from bathing in creeks or lakes during active duty service. The Veteran testified that he sought treatment from a Bay Pines VA medical center in May or June 1990. He testified that he underwent blood testing at that time and was told that the blood tests showed that he had Hepatitis C. He also testified that he was told that the virus was currently dormant and that he was not undergoing treatment for the disease at this time. It is unclear if all the Veteran’s VA treatment records have been associated with the claims file. While there are some records from 1990-1992 associated with the file, it does not appear that records from this time period are complete. Furthermore, an April 2004 VA treatment record indicates that an October 2000 blood test was reactive for Hepatitis C. Other VA medical records in the claims file show that the Veteran had a prior diagnosis for Hepatitis C. As it appears that there may be outstanding VA treatment records, particularly from the time when the Veteran testified that his Hepatitis C was discovered, a remand is required for the RO to attempt to associate any outstanding VA treatment records with the claims file. The record contains competent evidence of a likely current diagnosis for Hepatitis C, lay evidence of an in-service event or events that may have contributed to that disability, and an indication that the disability may be associated with the Veteran’s military service. See McLendon v. Nicholson, 20 Vet. App. 79, 81 (2006). However, the Board cannot make a fully informed decision on the issue of service connection for Hepatitis C because no VA examiner has opined as to whether his disability is related to the Veteran’s active military service. See Colvin v. Derwinski, 1 Vet. App. 171 (1991). Accordingly, on remand, the RO should schedule the Veteran for a VA examination to confirm that he has a current diagnosis for Hepatitis C and to seek an opinion as to the relationship between any diagnosed Hepatitis C and the Veteran’s active duty service. The matters are REMANDED for the following action: 1. Obtain the Veteran’s VA treatment records for the period from May 1990 to the Present. 2. Schedule the Veteran for an examination by an appropriate clinician to determine the nature and etiology of any currently diagnosed Hepatitis, to include Hepatitis C. The examiner must opine whether it is at least as likely as not that any currently diagnosed Hepatitis is related to an in-service injury, event, or disease, including bathing in creeks and rivers or having unprotected sex while on active duty service. The examiner should specifically address the Veteran’s reports of bathing in creeks and lakes as well as having unprotected sex while on active duty service, in opining about any currently diagnosed Hepatitis. H. SEESEL Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Boal The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.