Liver disease (hepatitis, cirrhosis) decisions — 2001

The veteran's claim for service connection for Hepatitis C and residuals of injury to the right ribs is granted. The VA examiner found that any existing Hepatitis C is not related to in-service liver abnormalities or injuries, but rather to a post-service work-related incident.

The Board has remanded the veteran's claims for service connection and rating issues due to incomplete development of medical records and need for further examination.

The Board has reopened the veteran's claim of entitlement to service connection for hepatitis C and granted it, finding that new evidence supports a link between the veteran's current condition and his period of active duty service.

The Board has reopened the claim for service connection for hepatitis C and is now considering whether new evidence supports a finding of in-service exposure to hepatitis C. The issue regarding cirrhosis of the liver remains unresolved as it was not appealed.

The Board found that new and material evidence has not been submitted to reopen a claim of entitlement to service connection for a right ankle disability. A rating in excess of 10 percent for postoperative residuals of a right knee slocum procedure is denied.

The Board found that the veteran's residuals of hepatitis do not warrant a disability rating greater than 30 percent.

The Board of Veterans' Appeals found that the veteran's hepatitis C was not incurred in or aggravated by active service.

The Board denied the appellant's claims for service connection for the cause of the veteran's death and DIC under 38 U.S.C.A. § 1318, finding that there was no evidence linking any disability to service or showing a 10-year period of total disability due to a service-connected condition.

The Board has granted service connection for a cervical spine disorder, finding that the appellant's pre-existing condition worsened during active duty in the Persian Gulf. The other issues remain pending and will be addressed in the remand section.

The veteran's cause of death was not due to a service-connected disability, and he did not meet the eligibility criteria for Dependents' Education Assistance.

The appellant's disabilities, including bilateral hearing loss and hypertension, are sufficient to warrant a permanent and total disability rating for nonservice-connected pension benefits.

The Board has determined that the veteran's PTSD symptoms prior to February 25, 1998 more closely approximated a 100 percent schedular rating.

The Board found no evidence of a blood transfusion or cuts from contaminated medical instruments during service, and thus denied the veteran's claims for hepatitis C and porphyria cutanea tarda (PCT) secondary to hepatitis C.

The Board denied the veteran's claims for service connection for hepatitis and postoperative residuals of a craniotomy, including bleeding aneurysm, finding that these conditions were not incurred in or aggravated by active service.

The Board found that the veteran did not have a current hearing loss disability in his right ear and failed to establish an inservice occurrence of a right ear hearing loss disability. Therefore, service connection for hearing loss was denied.

The Board denied the veteran's claim for an earlier effective date for his nonservice-connected disability pension, finding that the earliest date of receipt of a claim was February 2, 1998.

The Board denied the veteran's claim for service connection for hepatitis, finding no current diagnosis of liver disease and negative testing results.

The Board denied the veteran's claim for service connection for a liver disorder including hepatitis, finding no new and material evidence to reopen the claim.

The veteran's diabetes and sarcoidosis have been granted service connection, while his hepatitis claim has not. The veteran is currently rated at the maximum disability rating for pulmonary sarcoidosis.

The Board found that the preponderance of evidence is against a finding that there is a nexus between the veteran's hepatitis C and his service. The claim for PTSD was remanded due to insufficient details provided by the veteran regarding the claimed stressors.