Liver disease (hepatitis, cirrhosis) decisions — 2008

The Board denied the veteran's claim for service connection for hepatitis C and his request for an initial disability rating in excess of 20 percent for type II diabetes mellitus.

The Board found that the veteran's HIV seropositivity, non-ARC/AIDS disorder is service-connected and granted service connection for this condition. The decision also noted that hepatitis may be linked to his service but did not provide a specific rating or effective date.

The Board found that the veteran's death was not caused by a service-connected disability, and thus denied the claim for service connection for the cause of the veteran's death.

The Board found that the veteran did not timely file a substantive appeal regarding the January 2004 rating decision denying service connection for hepatitis C, and thus the claim is denied. The Board also determined that new and material evidence was not received to reopen the claim for service connection for hepatitis C.

The veteran's appeal is being remanded for further development and due process considerations.

The Board found that the veteran's hepatitis C has been manifested by weakness, malaise, and an increase in liver enzymes; daily fatigue, malaise, and anorexia, with substantial weight loss (or other indication of malnutrition), and hepatomegaly. The next higher rating requires an additional factor of anorexia with substantial weight loss or incapacitating episodes having a total duration of at least six weeks during the past 12-month period, which is not shown in this case.

The Board has determined that new and material evidence has not been submitted to reopen the veteran's claims for service connection for hepatitis C, residuals of removal of shrapnel from the left foot and forehead, and a left index finger disorder. The claims were previously denied in November 2000 due to lack of evidence linking these conditions to active service.

The veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling examinations to evaluate his service-connected conditions.

The Board found that new and material evidence had been submitted to reopen the claim for service connection for hepatitis C, but concluded that the veteran's contentions regarding in-service exposure were not credible.

The Board found no evidence to support the veteran's claims of service connection for liver disability, hepatitis, and splenomegaly. The veteran's service records did not show any treatment or diagnosis related to these conditions during his active duty. His current symptoms were attributed to post-service medical evaluations.

The Board denied the claim for an effective date earlier than November 8, 2004 for a 40 percent evaluation of Hepatitis C disability. The evidence did not show any increase in disability prior to this date.

The Board has determined that the effective date for service connection for the cause of the veteran's death is February 15, 2004.

The Board denied the veteran's claims for service connection for residuals of infectious mononucleosis and chronic liver disease, finding that there was no evidence linking these conditions to his military service.

The VA has denied a higher initial rating for hepatitis C, finding that the veteran's symptoms have not met the criteria for an increased rating.

The Board has determined that the veteran's service-connected hepatitis C warrants a 10 percent disability rating, effective December 10, 2001. The evidence shows intermittent fatigue, malaise, and anorexia without weight loss or hepatomegaly.

The Board is remanding the case to determine if the veteran's service-connected PTSD contributed substantially or materially to his death from cirrhosis of the liver.

The VA examiner found that the veteran has a history of yellow jaundice and hepatitis during service, which resolved without residuals. The claim is granted as the evidence does not establish any etiological link between current conditions and service.

The veteran's claims for a compensable rating for viral hepatitis and service connection for depressive disorder, to include as secondary to viral hepatitis are being remanded due to the need to address whether new and material evidence has been submitted to reopen his previously denied claim for service connection for hepatitis C.

The Board has remanded the case for further development, including scheduling a video-conference hearing before the Board.