Citation Nr: 20076434
Decision Date: 12/01/20	Archive Date: 12/01/20

DOCKET NO. 19-35 342
DATE: December 1, 2020

REMANDED

Entitlement to an initial rating in excess of 20 percent for service-connected hepatitis C is remanded.

Entitlement to a total disability rating based upon individual unemployability due to service-connected disability (TDIU) is remanded.  

REASONS FOR REMAND

The Veteran served on active duty from March 1975 to January 1979.

This matter is on appeal to the Board of Veterans’ Appeals (Board) from an August 2018 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).  The Veteran appeared at a November 2020 hearing with the undersigned Veterans Law Judge.

During the November 2020 hearing, the Veteran testified to the existence of updated medical treatment records that are not currently associated with the claims file.  The Veteran also testified that his hepatitis C symptoms have worsened since his last VA examination in April 2020, and that due to his service-connected disabilities, including hepatitis C, he was unemployable.  Remand is necessary to obtain the updated medical treatment records and to afford the Veteran another VA examination.

The matters are REMANDED for the following action:

1. Send the Veteran a VA Form 21-8940 (Veteran’s Application for Increased Compensation Based on Unemployability) and ask that he complete the form and submit it to VA.  Any necessary development as a result of the information provided by the Veteran should also be undertaken.    

2. Ask the Veteran to identify all outstanding treatment records relevant to his hepatitis C claim, to include his recent visit to a liver doctor.  All identified VA records should be added to the claims file.  All other properly identified records should be obtained if the necessary authorization to obtain the records is provided by the Veteran.  If any records are not available, or the Veteran identifies sources of treatment but does not provide authorization to obtain records, appropriate action should be taken (see 38 C.F.R. § 3.159(c)-(e)), to include notifying the Veteran of the unavailability of the records.

3. After records development is completed, schedule the Veteran for a VA hepatitis examination to determine the current symptoms, level of severity, and functional impairment associated with his hepatitis C.  The claims file should be reviewed by the examiner.  

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To the extent possible, the examiner is asked to comment on any functional impairment resulting from service-connected hepatitis C that may affect employability.  E.g., fatigue would result in inability to perform certain types of work or result in the need to leave early or miss work multiple times per month.  

 

 

Nathan Kroes

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	A. J. Kim, Associate Counsel

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.