Liver disease (hepatitis, cirrhosis) decisions — 2004

The veteran's claim for an earlier effective date for hepatitis C service connection was denied as the law does not provide for such a retroactive effective date.

The Board has denied the veteran's claims for service connection for hepatitis B, PTSD, and hypertension. The denial is based on a lack of current evidence of active infectious hepatitis B.

The veteran's claim for a permanent and total disability evaluation for pension purposes was denied as he does not have one nonservice-connected disability rated at 60 percent or more, nor do his disabilities bring the combined rating to 70 percent or more. The Board found that the veteran is not permanently and totally disabled due to nonservice-connected disabilities.

The Board found that the veteran does not currently have hepatitis that was incurred in or aggravated by military service.

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

The Board denied the veteran's claim for service connection for hepatitis C, finding that it did not begin during or as a result of his military service.

The veteran's claim for service connection for PTSD was denied, and his claim for an increased rating for Hepatitis B and C was also denied. The veteran did not engage in combat with the enemy during his service in Vietnam, and there is no credible supporting evidence of the claimed stressors. His current symptoms align with a 40 percent disability rating for Hepatitis B and C.

The Board denied the veteran's claims for a rating in excess of 10 percent for hypothyroidism and service connection for hepatitis C, finding that there was no evidence to support these claims.

The Board has determined that Hepatitis C was not incurred in or aggravated by service. The veteran's claims for PTSD and depression, as well as an increased evaluation for sling palsy of the left arm, are remanded.

The Board has determined that the veteran's hepatitis and left arm neuritis were not incurred or aggravated by service, nor are they otherwise related to service.

The Board found that the veteran's acquired psychiatric disorder, depression, started in service and has continued as a chronic problem since service. The Board granted service connection for depression.

The Board has determined that the veteran's bilateral defective hearing is related to service, and his residuals of excision of a chest cyst are not. The other claims have been denied.

The VA has determined that the veteran's hepatitis does not meet the criteria for a higher disability evaluation beyond the current 30 percent rating.

The veteran's claim for compensation for hepatitis C under the provisions of 38 U.S.C.A. § 1151 as a result of a VA hospitalization in August and September 1983 is being remanded due to the failure to notify him of his scheduled hearing.

The Board has determined that the veteran's current diagnosis of hepatitis C is as likely as not related to his in-service episode of infectious hepatitis, and thus service connection for hepatitis C is granted.

The veteran's claim for a non-service-connected pension, including on an extra-schedular basis, is being remanded due to the need for additional development and notification under the Veterans Claims Assistance Act of 2000 (VCAA).

The Board has determined that the veteran's claimed conditions are not shown to have been present in service or for many years thereafter, and thus denied his claims for service connection.

The Board denied the veteran's claim for an increased (compensable) rating for infectious hepatitis due to his failure to appear for a scheduled VA medical examination in September 2001 without good cause.

The veteran's claims for service connection and evaluations are being remanded due to the need for additional development under the Veterans Claims Assistance Act of 2000.

The Board has granted service connection for hepatitis C and Type II diabetes mellitus, finding that the veteran was exposed to Agent Orange during his Vietnam-era service. The claim for compensation under 38 U.S.C.A. § 1151 for a back disability is remanded for further development.