Liver disease (hepatitis, cirrhosis) decisions — 2008

The veteran's appeal is being remanded due to the need for a Board hearing.

The Board finds that the veteran's service-connected PTSD contributed substantially or materially to cause his death from alcoholic liver disease, and grants service connection for the cause of the veteran's death.

The veteran's PTSD has resulted in total occupational and social impairment since March 1, 2004. The VA has granted a higher initial evaluation for PTSD.

The veteran's appeal is being remanded to obtain medical records and for further consideration of his claims.

The Board has granted service connection for hepatitis C and liver disease, including residuals of cirrhosis and liver cancer, due to presumed exposure to Agent Orange during service in Korea.

The veteran's depression and hepatitis C were granted service connection, with effective dates of October 29, 2004. A total disability rating based on individual unemployability was also granted as of February 12, 2005.

The Board found no indication of fraud, misrepresentation or bad faith on the part of the veteran. Recovery of the overpayment of nonservice-connected disability pension benefits in the amount of $40,580.67 is not against equity and good conscience.

The Board denied service connection for hepatitis C and the increased rating claim for varicose veins and chronic venous insufficiency of the right lower extremity. The veteran's active duty as a medic did not provide evidence of exposure to contaminated blood or fluids, and his post-service medical records showed he was diagnosed with hepatitis C in 2000.

The Board has denied the veteran's claims for service connection for residuals of infectious mononucleosis and infectious hepatitis A, finding no current diagnosis or evidence linking these conditions to his military service.

The Board found no evidence of hepatitis C exposure during service and denied the claim as there was insufficient medical evidence to link current hepatitis C to service.

The Board has remanded the case for further development regarding the veteran's hepatitis C and right hand condition, including Raynaud's phenomenon. The claims are to be adjudicated again based on the additional evidence.

The Board denied the veteran's claims for increased evaluations for his service-connected dorsal spine injury and hepatitis C. The veteran was previously assigned a 10 percent evaluation for hepatitis C, but the current evidence does not support an increase to a higher rating. For the dorsal spine disability, the evidence showed that while there were orthopedic manifestations including pain, they did not meet the criteria for a higher than 20 percent evaluation based on Diagnostic Codes 5292 and 5295.

The veteran seeks payment or reimbursement for unauthorized medical expenses incurred between February 14, 2002 and December 16, 2002. The VAMC denied the claim due to lack of evidence showing emergent need for non-VA prescribed medications. The Board has decided to remand the case for further review.

The veteran died from cirrhosis of the liver due to gastrointestinal bleeding. The appellant seeks service connection for both his cause of death and hepatitis C, which is a condition he was diagnosed with prior to his death.

The Board has determined that the veteran does not have hepatitis C, residuals of rheumatic fever, depression, PTSD, or chronic alcoholism that are related to his military service.

The veteran's hepatitis C has been granted service connection, but an initial rating in excess of 10 percent is denied prior to January 10, 2007. As of that date, a 20 percent rating was assigned.

The Board denied the veteran's claims for service connection for hepatitis C, residuals of drug use, and residuals of a back injury. The Board found that there was no evidence linking these conditions to his military service.

The veteran's death was not due to service-connected causes, and the appellant is not eligible for DIC benefits under 38 U.S.C. § 1318.

The Board has determined that the veteran's hepatitis C was not incurred in or aggravated by service, and therefore denied his claim for service connection.

The Board denied the veteran's claims for increased ratings for his service-connected infectious hepatitis, finding that there was no evidence of a compensable or higher evaluation prior to December 20, 2000 and April 19, 2002.