Liver disease (hepatitis, cirrhosis) decisions — 2006

The Board has determined that the veteran's hepatitis C was not incurred in or aggravated by his active duty service.

The veteran's appeal is being remanded to the RO for a Travel Board hearing at the Waco, Texas Regional Office.

The Board denied the veteran's claims of service connection for PTSD, hepatitis C, and Agent Orange exposure. The claim of service connection for TDIU was deferred pending completion of development.

The veteran has withdrawn his appeals for hearing loss, tinnitus, and hepatitis C.

The Board denied the veteran's claims for service connection and increased evaluations for his neck disability, right wrist carpal tunnel syndrome, residuals of hepatitis, and right rib fractures. The evidence did not support a finding that any of these conditions were related to military service.

The veteran's service connection claims for pneumonia, postoperative residuals of bilateral inguinal hernia, hepatitis, kidney disability, appendectomy, shingles, and psychiatric disability are all denied. The veteran has been granted service connection for the postoperative residuals of bilateral inguinal hernia.

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

The Board denied the veteran's claims for an increased rating for hepatitis and for a total disability rating based on individual unemployability due to service-connected disabilities (TDIU). The veteran's combined rating was found to be less than the required threshold for TDIU.

The veteran's degenerative joint disease of the lumbar spine is found to be aggravated by his service-connected left ankle disability, and thus service connection for this condition is granted.

The veteran's claim for an increased rating for viral hepatitis is being remanded due to the need for another examination and consideration of all pertinent evidence.

The Board has determined that the veteran's cause of death, cirrhosis of the liver, was related to his in-service medical treatment and granted service connection for the cause of the veteran's death.

The Board has determined that there is no evidence to support the veteran's claim of service connection for hepatitis C or a respiratory disorder, including chronic bronchitis and/or asthma. The examiner concluded that the most likely exposure was from blood, but it is difficult to attribute her hepatitis C to exposure during her military service.

The veteran's appeal is being remanded for further development, including obtaining medical records and providing the veteran with proper notice under the VCAA. The case will be reviewed again after this additional development.

The Board has determined that the veteran's service-connected PTSD contributed to his death from end stage cirrhosis of the liver and COPD. Therefore, service connection for cause of death is granted.

The Board has determined that the veteran's service-connected prostatitis and hepatitis do not warrant compensable ratings, while his postoperative herniated nucleus pulposus at L5-S1 does not meet the criteria for an increased rating.

The veteran's claim for service connection for hepatitis A was denied as the VA medical evidence does not show current chronic hepatitis A. The claims for hepatitis B and C are pending.

The Board denied the veteran's claims for service connection for hepatitis C, renal disease as secondary to hepatitis C, and a psychiatric disability to include post-traumatic stress disorder (PTSD).

The Board has remanded the case due to the need for a medical opinion on the etiology of the veteran's hepatitis and liver disease, which is related to service. The appeal will be returned to the Board after further development.

The veteran's death was not caused by service-connected conditions, and there is no evidence that VA medical treatment proximately caused the veteran's death. Therefore, the appellant does not have legal standing to file for DIC benefits.