Liver disease (hepatitis, cirrhosis) decisions — 2005

The Board has remanded the case due to a failure to obtain all VA medical records from Manhattan, New York. The veteran's claim for service connection for hepatitis C with liver damage will be reconsidered after obtaining these records.

The Board found that the veteran's liver disability, including hepatitis and chronic liver disease, is not due to service. The VA examiner determined it was very unlikely that the veteran incurred his liver disease during active service.

The Board finds that there is no competent medical evidence to support the veteran's claims of service connection for hepatitis C and diabetes mellitus as secondary or aggravated by medications used to treat his service-connected low back disability. As a result, the claims are denied.

The Board denied the veteran's claims for service connection for hepatitis C, a dental disorder, and new and material evidence to reopen his skin disorder claim. The veteran's requests for increased evaluations for residuals of gunshot wounds of the left groin and knees were also denied. Finally, the TDIU was not granted earlier than May 8, 2001.

The Board has denied the veteran's claim for service connection for hepatitis C, finding no evidence linking his current diagnosis to his period of active service.

The veteran's claim for service connection for hepatitis C is being remanded due to the need for a new VA examination and further development of evidence.

The VA has determined that the veteran's hepatitis B does not meet the criteria for a higher rating, and thus denied his claim.

The veteran's claims for service connection for a low back disability, right knee disability, and hepatitis C are being remanded due to the need for additional development of his medical records.

The Board finds that the evidence is in relative equipoise in showing that the currently demonstrated hepatitis C is due to disease or injury that was incurred in active service, and grants service connection for hepatitis C.

The veteran's hepatitis C was not incurred in or aggravated by active service. The Board found that the most likely route of transmission for his hepatitis C was intravenous drug use, which is considered a form of self-inflicted injury under VA regulations. As such, he cannot be granted compensation for this condition. For TDIU, while the veteran has multiple service-connected disabilities and completed three years of college, there is no evidence that these conditions are so severe as to preclude him from securing or following a substantially gainful occupation consistent with his education, training, and occupational experience.

The veteran's appeal for an initial rating in excess of 10 percent for Hepatitis C has been dismissed due to the death of the veteran.

The Board has granted service connection for a skin disorder and found that the appellant's fatigue is encompassed in his service-connected Hepatitis B disability. The case of gastrointestinal disorder is addressed in the REMAND portion.

The Board has denied the veteran's claims for service connection for bronchitis and cirrhosis of the liver, finding no evidence of a chronic disability in service or within one year thereafter.

The Board found that a psychiatric disorder was not incurred or aggravated by service and denied the claim. For Hepatitis C, the Board noted that further examination is needed as the claims folder did not accompany the veteran during the examination.

The Board denied service connection for hepatitis and a skin disorder claimed as secondary to herbicide exposure. The veteran does not have current diagnoses of these conditions.

The veteran withdrew his appeal concerning the claim for service connection for Hepatitis C before a decision was made. The issue of PTSD remains pending.

The Board has determined that the veteran does not have an ongoing hepatitis C infection and his HIV-related illness is not related to service. Therefore, both claims for service connection are denied.

The Board has determined that the veteran does not have current manifestation of hepatitis, which is a key element for service connection. The claim is denied.

The veteran's claim for service connection for hepatitis C is being remanded due to incomplete medical records and the need for a VA examination.

The veteran is seeking service connection for hepatitis C, but the claim is being remanded due to outstanding medical records and a need for an opinion on the etiology of his condition.