Liver disease (hepatitis, cirrhosis) decisions — 2006

The VA determined that the veteran's hepatitis C was not incurred in or aggravated by active service, and denied his claim. The Board also found insufficient evidence to establish a diagnosis of PTSD based on alleged combat stressors.

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

The veteran is seeking service connection for various conditions, including diabetes mellitus, heart disease, hepatitis, spinal stenosis, and skin carcinoma, all claimed as secondary to his service-connected schizophrenia. The case is being remanded for further action.

The veteran's request for a permanent and total disability rating for nonservice-connected pension purposes is denied as his combined rating does not meet the required criteria.

The veteran's claims for hepatitis C service connection and a higher rating for his right knee disability are being remanded due to unclear medical evidence regarding the current status of his hepatitis C, and because the RO needs to issue a statement of the case on the right knee claim.

The Board has jurisdiction to review the claims of entitlement to service connection for multiple sclerosis and hepatitis C. The veteran's appeal on these issues is granted.

The Board denied reopening the claim for service connection for peripheral neuropathy due to lack of new and material evidence, as well as insufficient evidence showing acute or subacute peripheral neuropathy related to herbicide exposure.

The Board has determined that the veteran's hepatitis C and degenerative joint disease of the left knee were not incurred or aggravated during active service. The claim for increased rating for the left knee is remanded.

The veteran's nonservice-connected pension claim was denied as he did not meet the eligibility requirements. The claims for service connection for hepatitis C and peptic ulcer disease were also denied due to lack of evidence linking these conditions to his military service.

The Board denied the veteran's claims for service connection for hepatitis A, B, or C, finding that a present chronic disability as a result of these conditions was not demonstrated by the evidence of record and that his hepatitis C virus was contracted as a result of drug abuse during active service.

The Board has denied the veteran's claims for service connection for acquired liver disease (hepatitis and hepatitis C) and pancreatitis, finding no evidence of these conditions in service or a link to service.

The veteran's claim for an initial compensable evaluation for his service-connected hepatitis C is being remanded due to the need for additional medical records and examination.

The Board denied the veteran's claims for service connection for diabetes mellitus, earlier effective dates for bilateral hearing loss disability and Hepatitis C, and VA compensation for dependents potentially exposed to Hepatitis C virus.

The Board found that the prior grant of service connection for hepatitis was clearly and unmistakably erroneous, as it did not consider the veteran's service medical records which showed drug abuse. The decision to sever service connection is upheld.

The Board denied the veteran's claims of service connection for malaria, fungus of the toes, lumbosacral spine condition, cervical spine condition, thoracic spine condition, hepatitis C, depression, and headaches. The decision also denied reopening of his previously denied claims.

The Board has determined that there is no evidence to support a finding of service connection for hepatitis C, and thus the claim is denied.

The Board denied an increased rating for chronic hepatitis C, finding that the veteran's symptoms did not meet the criteria for a higher rating under Diagnostic Code 7354.

The Board has determined that the veteran is entitled to a 30 percent disability rating for his service-connected hepatitis C, effective October 31, 2000.

The veteran's service-connected shell fragment wounds to the abdomen are currently rated at 10 percent for scars and 50 percent for liver and pancreas damage with abdominal adhesions. The Board has granted a separate rating of 30 percent for muscle group injuries, effective from the date of receipt of the original claim.

The Board finds that the veteran's death was due to liver cirrhosis, which can be presumed to have been incurred in service. Therefore, the cause of death is granted as service-connected.