Liver disease (hepatitis, cirrhosis) decisions — 2009

The Board denied the Veteran's claim to reopen his previously denied claim for service connection for hepatitis C, finding that new and material evidence had not been submitted.

The Board has determined that the appellant's hepatitis C is not incurred in or aggravated by active service due to drug abuse, which constitutes willful misconduct. As such, service connection for hepatitis C is denied.

The Board has remanded the case due to the need for a videoconference hearing. The Veteran's claims for service connection for PTSD, hepatitis C, and bilateral ear disorder are pending.

The Board has reopened the Veteran's claim of service connection for hepatitis C, but has not determined whether it is granted or denied.

The Veteran's hepatitis C with cirrhosis of the liver is rated at 70 percent effective from the date of award of service connection.

The Veteran's appeal is being remanded for additional examinations to determine the current severity of his service-connected residuals of a pelvic fracture and hepatitis C.

The Veteran's hepatitis C has been rated at 10 percent since the effective date of service connection, and his calluses of the feet have also been rated at 10 percent. The decision grants these ratings.

The Veteran's claim for service connection for hepatitis A has been denied as there is no current diagnosis of the condition. The issue of service connection for right ear hearing loss remains pending.

The Board denied the appellant's claims for service connection for various conditions, including arthritis of the right knee and lumbar spine, residuals of a left ankle sprain, arthritis of the right shoulder, body cramps, hepatitis C, peripheral neuropathy of the lower extremities, hypertension, and coronary artery disease. The appeals were dismissed due to lack of evidence or insufficient material.

The Veteran's claims for increased evaluations and service connection were denied. The claim to reopen a back disability was also denied due to lack of new and material evidence.

The Board has granted the Veteran's claims for service connection and a compensable rating for his musculoskeletal headaches, as well as TDIU based on these disabilities. The effective date of these decisions is September 16, 1999.

The Board has ordered the VA to obtain additional medical records and schedule the Veteran for an examination. The appeal is currently in remand status.

The Veteran's appeals for service connection for colon polyps, skin rash on right arm, and hepatitis have been dismissed due to his withdrawal of the appeals. The claim of service connection for hepatitis is being remanded for additional development.

The Board has granted a rating of 40 percent for the Veteran's hepatitis C from August 21, 1998, based on daily fatigue, malaise, anorexia, with substantial weight loss and hepatomegaly. The previous lower rating is being maintained as there was no evidence of improvement.

The Board found that the Veteran's hepatitis C did not manifest during service and is not related to his military service. The claim for PTSD was characterized as a claim for a psychiatric disorder, to include PTSD.

The appellant has withdrawn his appeals for the issues of entitlement to service connection for hepatitis C, whether new and material evidence has been submitted to reopen claim of entitlement to service connection for a right knee disorder, and entitlement to an evaluation in excess of 20 percent for residuals of right ankle fracture, status post-open reduction internal fixation.

The Veteran's claims for service connection were denied. The Board found that new and material evidence had not been submitted to reopen the claim of lung disorder including pneumonia, Parkinson's disease was not incurred or aggravated during military service nor may it be presumed to have been so incurred, residuals of a staph infection, pleurisy, prostatitis, ADHD, bipolar disorder, and leg and foot disorders were not incurred or aggravated during military service nor may they be presumed to have been so incurred. The Veteran's claim for hepatitis C was also denied.

The Veteran's appeal involves multiple conditions and issues, including lower back disability, gastroesophageal reflux disease, heart condition, hypertension, closed head injury residuals, hepatitis, syncope (fainting), bilateral hearing loss, tinnitus, and a psychiatric disability. The case is being remanded for further action.

The Board has granted service connection for PTSD based on personal assaults during active duty, and the Veteran's current diagnosis of PTSD is linked to these in-service incidents.

The Board has determined that the Veteran's hepatitis C and hepatitis B were not incurred in service due to his own abuse of drugs, thus denying service connection for both conditions.