Liver disease (hepatitis, cirrhosis) decisions — 2001

The veteran's request for Service Disabled Veterans Insurance (RH) is inextricably intertwined with his claims for service connection for various disabilities. The appeal of eligibility for RH is held in abeyance pending resolution of the service connection claims.

The Board found that the veteran does not have hepatitis and denied his claim for service connection.

The veteran's chronic infectious hepatitis is currently rated at 30 percent, and the Board has determined that this rating is appropriate based on the lack of liver damage and subjective symptoms.

The Board has determined that the veteran's hepatitis C is related to exposure in service and grants the claim for service connection.

The case is being remanded due to the need for additional development of evidence related to service connection for the cause of the veteran's death, including potential exposure to Agent Orange during Vietnam service.

The veteran's appeal is remanded to the RO for additional development, including obtaining medical records and providing a VA examination. The raised issue of service connection for psychiatric disability will also be adjudicated.

The veteran's unauthorized medical expenses incurred during his private hospitalization from August 31 to September 5, 1992 are denied as the care or services rendered were not for a medical emergency of such nature that delay would have been hazardous to his life or health.

The Board of Veterans' Appeals has determined that the veteran's Hepatitis C was not incurred or aggravated during his military service and denied the claim.

The Board has remanded the case due to new notification provisions under the Veterans Claims Assistance Act of 2000, requiring VA to assist the veteran in obtaining evidence necessary to substantiate his claim for service connection for hepatitis C. The RO is instructed to obtain relevant medical records and conduct a VA examination.

The veteran is found to be in need of regular aid and attendance due to his multiple disabling conditions, which render him unable to protect himself from hazards or dangers incident to his daily environment on a regular basis.

The Board denied service connection for the cause of the veteran's death, finding that there was no evidence linking his death to his active duty or any service-connected disability.

The veteran had an episode of hepatitis A during service, which resolved without residual disability. The Board found no current disability due to the hepatitis and denied the claim.

The veteran's hepatitis C is not shown to be due to negligence or fault on the part of VA treatment providers, and therefore compensation under 38 U.S.C.A. § 1151 for hepatitis C as a result of blood transfusions provided at a VA medical facility is denied.

The VA denied the veteran's request for a higher rating for his service-connected hepatitis, currently rated at 10 percent.

The Board has granted service connection for hepatitis C, finding that the veteran's infection was caused by blood transfusions during his treatment at a VA Medical Center. The esophagus condition claim is pending and will be addressed in a separate decision.

The Board has denied the veteran's claims for service connection for residuals of chronic hepatitis and a permanent and total disability rating for pension purposes, finding that new and material evidence had been received but not sufficient to reopen the claim. The case is remanded due to scheduling issues and potential need for additional development under the Veterans Claims Assistance Act of 2000.

The veteran's claim for a permanent and total disability rating for pension purposes was denied because he failed to appear for VA examinations scheduled in December 1998 and April 2000, and there is no evidence of record showing that his disabilities render him permanently and totally disabled.

The Board denied the veteran's request for an earlier effective date of December 29, 1997, for the grant of service connection for chronic viral hepatitis. The decision stated that the veteran had not shown good cause to extend the time limit for filing a notice of disagreement with the original denial in 1993.

The Board denied the veteran's claim for service connection for hepatitis C, finding that there is no competent evidence indicating that his current condition is etiologically related to a disease or injury incurred in service.

The Board has reopened the veteran's claim of service connection for hepatitis due to new and material evidence submitted since the previous denial in 1979. The case is now remanded for further development.