Liver disease (hepatitis, cirrhosis) decisions — 2001

The Board has determined that the cause of the veteran's death was not caused by service or a service-connected disability, and there is no evidence to suggest negligence on the part of VA treatment providers. Therefore, the claims for service connection for the cause of the veteran's death and DIC under 38 U.S.C.A. § 1151 have been denied.

The case is being remanded for additional development to comply with the Veterans Claims Assistance Act of 2000 and consideration of the revised rating criteria for liver disabilities.

The veteran's claims for service connection have been granted, and he is currently receiving a 10 percent evaluation for each condition. The right knee injury and PTSD are rated at 10 percent.

The veteran's claim for service connection for hepatitis C is being remanded due to the need for additional medical evidence and a review by an appropriate physician.

The Board has determined that the veteran does not currently suffer from right ear hearing loss disability for VA purposes and denied his claim of service connection for cirrhosis of the liver. The May 1998 rating decision is final as to both issues.

The RO denied the appellant's claims of CUE and new and material evidence for service connection for the cause of her husband's death. The decision is final as she did not appeal it.

The veteran died of hepatic cancer due to liver cirrhosis, which is believed to have resulted from hepatitis C. The cause of the veteran's hepatitis C and resulting conditions are unclear, as no specific risk factors or exposures were identified.

The Board finds that the veteran's nicotine dependence, which began during his service, caused him to smoke cigarettes and develop COPD. This COPD was an immediate cause of death in October 1997. Therefore, service connection for the cause of death is granted.

The Board has determined that the veteran's cirrhosis of the liver is due to his own alcohol abuse during service, and therefore denied the claim as there is no legal merit.

The Board denied the veteran's appeal regarding severance of service connection for tinea versicolor and autoimmune hepatitis with cirrhosis, finding that the original decision was not clearly and unmistakably erroneous. The RO had severed these conditions from service connection based on a lack of evidence showing they were incurred during active duty training.

The veteran's appeal involves claims for compensation under 38 U.S.C.A. § 1151 and an increased rating for chronic liver disease and hepatitis, as well as a request for an earlier effective date for the award of compensation under 38 U.S.C.A. § 1151. The case is being remanded to allow for further development and consideration.

The veteran's claims for increased evaluations of his service-connected Hepatitis C, prostatitis, and hearing loss disability were denied as the evidence did not resolve whether there was liver damage with gastrointestinal disturbance, urinary tract infections or voiding dysfunction, or auditory acuity levels.

The Board found that the veteran's hepatitis C is not related to his service and denied the claim.

The Board denied the veteran's claim for an increased rating and earlier effective date for hepatitis. The appeal is dismissed.

The Board denied service connection for the residuals of hepatitis in February 1991, finding that the evidence did not support a grant of benefits.

The veteran's unauthorized private medical treatment on September 1, 1998 for cholestatic hepatitis was related to his service-connected gouty arthritis. The claim is granted as the expenses incurred are covered by VA policy.

The Board denied the veteran's claims for service connection for alcoholism and initial ratings for his hepatitis, fractures of the toes, and a tattoo removal. The veteran's hepatitis is considered healed and nonsymptomatic, warranting a noncompensable rating. His fractures are rated as 10 percent disabling overall.

The veteran's appeal is about his claim for an increased evaluation for chronic hepatitis B. The RO has been instructed to ensure all necessary development, including a VA medical examination, is completed before re-adjudicating the case.

The veteran's claim for an increased rating for hepatitis B and C, including depression, was granted. However, the secondary service connection application for a psychiatric disability (depression) is still pending.

The veteran's service-connected residuals of infectious hepatitis are healed and nonsymptomatic, thus not warranting an increased evaluation.