Liver disease (hepatitis, cirrhosis) decisions — 2003

The Board has determined that the veteran's small bowel cancer and cirrhosis of the liver with chronic hepatitis are service-connected, as they are presumed to be related to his exposure to Agent Orange during military service.

The Board has determined that the veteran developed hepatitis C as a result of tattoos he received during service, and grants his claim for service connection.

The Board denied the veteran's claim of service connection for hepatitis C, finding that it was incurred due to intravenous drug abuse during service and not in line of duty.

The VA determined that there is no basis for a compensable evaluation for hepatitis C since the veteran's entitlement to benefits was established, as there is no medical evidence showing either demonstrable liver damage or mild gastrointestinal disturbance.

The Board has granted service connection for erectile dysfunction and determined that the veteran's current erectile dysfunction is secondary to his service-connected major depression. The issue of a higher rating for hepatitis B and C remains on appeal.

The Board denied the claim for service connection for the cause of the veteran's death, finding that his fatal hepatitis C infection was not caused by active military service and could not be established as a matter of law due to his history of drug abuse.

The Board has decided to remand the case back to the RO for additional development and consideration of new evidence.

The VA has denied a compensable rating for the veteran's service-connected hepatitis C, finding that there is no demonstrable liver damage or intermittent symptoms warranting such a rating.

The Board found that there was insufficient evidence to establish a permanent and total disability rating for pension purposes due to the veteran's nonservice-connected disabilities, as many of his conditions were unclear or not thoroughly examined in the provided medical records.

The Board denied the veteran's claim of service connection for residuals of hepatitis, finding that new and material evidence had not been submitted.

The Board has determined that the veteran likely contracted hepatitis B as a result of blood transfusions in December 1994, which was not foreseeable. The claim for compensation under 38 U.S.C.A. § 1151 is granted.

The Board denied the veteran's claims for an initial compensable rating for chronic adjustment disorder with depression and service connection for infectious hepatitis, finding that the evidence did not meet the criteria for a compensable rating or service connection.

The Board granted service connection for bilateral tinnitus and denied the other issues, finding that it was at least as likely as not that the veteran developed tinnitus during his military service.

The veteran's hepatitis C is currently evaluated as 30 percent disabling, and the Board finds that this evaluation does not meet the criteria for an initial evaluation in excess of 30 percent.

The Board denied the veteran's claim for service connection for hepatitis B and C, including residuals of hepatitis A, finding no evidence linking these conditions to his military service.

The Board has reopened the claim for residuals of eye injury and found new evidence to be significant enough to consider. However, due to the veteran's uncooperative behavior during VA examinations, the reliability of audiometric findings is questioned. The hearing loss remains rated at 10 percent.

The Board has determined that the veteran does not have current residuals of hepatitis and therefore, service connection for this condition is denied.

The veteran's claim for an increased rating for hepatitis C with liver enlargement and diffuse fatty infiltration of the liver is being remanded due to procedural issues related to the Veterans Claims Assistance Act of 2000 (VCAA) and changes in regulations regarding the evaluation of disabilities of the liver.

The veteran's claims for hepatitis, voyeurism, and depression were denied as there is no evidence of a link between these conditions and his period of active duty service.

The veteran's appeal for service connection for Hepatitis C has been dismissed as he withdrew his appeal prior to a decision being made.