Liver disease (hepatitis, cirrhosis) decisions — 2009

The Board has remanded the case due to the need for a VA examination and additional development of the Veteran's claims for hepatitis A, B, and C.

The Veteran's service-connected residuals of a perforated left eardrum and bilateral hearing loss are not rated higher than noncompensable.,Service connection for hepatitis C, PTSD, and an acquired psychiatric disorder other than PTSD is denied.

The Board denied the Veteran's claim for an evaluation in excess of 40 percent disabling for hepatitis C, finding that his condition did not warrant a higher rating based on the symptoms described.

The Board has determined that the Veteran's hepatitis C was not incurred or aggravated during active service and denied his claim for service connection.

The Board has remanded the case for further development due to uncertainty regarding the etiology of the Veteran's hepatitis C and post-service risk factors.

The Veteran's claims for hepatitis and peripheral neuropathy, Guillian-Barré syndrome are being remanded due to the need for additional development including obtaining medical records and verifying service dates. The Veteran is also not provided with a duty-to-inform notice as required by the Veterans Claims Assistance Act of 2000 (VCAA).

The Board has decided to remand the case for additional development, including obtaining SSA records and Barnes-Jewish Hospital treatment records.

The Board has determined that the Veteran's PTSD is not service-connected due to lack of credible supporting evidence for the claimed in-service stressors. The claim for hepatitis C compensation under 38 U.S.C.A. § 1151 remains pending and will be remanded for further investigation.

The appellant's service-connected disabilities do not prevent him from obtaining substantially gainful employment.

The Board has denied the Veteran's claims for service connection for right hand condition, to include Raynaud's phenomenon and hepatitis C. The evidence does not establish that these conditions were incurred in or aggravated by military service.

The Board has determined that the Veteran's death was due to his service-connected hepatitis C, which contributed substantially or materially to his cause of death. Service connection for the cause of death is granted.

The Veteran's claim for service connection for PTSD and hepatitis C is being remanded due to the need for additional development, including a VA examination.

The Board has remanded the case for further action, including clarification of representation and potential rescheduling of a hearing.

The Board has determined that the cause of the Veteran's death is not related to his military service, including as due to PTSD. Therefore, the claim for service connection for the cause of the Veteran's death must be denied.

The Board denied the appellant's request to reopen her claim for service connection for cause of death due to Hepatitis C and Major Depression, finding that new evidence did not raise a reasonable possibility of substantiating the underlying claim.

The Veteran's liver disorder, neck pain, and schizophrenia were not incurred or aggravated by service. The Board denied the claims for these conditions.

The Board has determined that the Veteran's cause of death was not caused or contributed to by any service-connected disabilities, and thus denied the claim for service connection for the cause of the Veteran's death.

The Board is remanding the case to allow the Veteran to submit new and material evidence for his claims of service connection for hepatitis C, PTSD, and a blood disease. The RO/AMC will also provide the Veteran with VCAA notice as required by Kent v. Nicholson.

The Veteran's service-connected residuals of hepatitis B have been rated at 100 percent since April 8, 2005.

The Veteran's biliary cirrhosis was not incurred in or aggravated by active service, is not presumed to have had its onset during service, and is not secondary to a service-connected disability. The Board finds that the evidence does not support the conclusion that the Veteran's biliary cirrhosis had its onset in service, within one year of service, or was secondary to her service-connected bipolar disorder.