Liver disease (hepatitis, cirrhosis) decisions — 2009

The Board has determined that the Veteran's hepatitis B, hepatitis C, and HIV were not incurred or aggravated by his active military service.

The Board denied service connection for a chronic respiratory disorder and hepatitis C, finding no current disability or credible evidence linking these conditions to service.

The Veteran's service-connected conditions have not met the criteria for increased evaluations beyond the currently assigned ratings.

The Veteran's appeal is remanded for further development, including VA examinations to evaluate the severity of his hepatitis C and whether his coronary artery disease is aggravated by his service-connected hepatitis C.

The Veteran's claims for increased ratings for degenerative disc disease of the lumbar spine, a facial scar, bilateral hearing loss, and hepatitis C are being remanded due to the need for additional examinations and records.

The Veteran's claim for an initial rating in excess of 30 percent for hepatitis B was dismissed due to the death of the appellant.

The Board found that the Veteran's liver disease, including cirrhosis and liver cancer, was not incurred in or aggravated by service. The preponderance of evidence is against a finding that the current liver disease is related to service.

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 Veteran's hepatitis C is the result of a blood transfusion during VA hospitalization in June 1992, and the Board finds that this additional disability was proximately caused by carelessness or lack of proper skill on the part of the VA. The event (the transfusion) was not reasonably foreseeable.

The Board denied the Veteran's claims of service connection for various conditions, including tuberculosis, liver damage and hepatitis, endocrine system damage with diabetes mellitus, sleep apnea, neuropathy of extremities, diabetic retinopathy blindness, and headaches. The decision found that new evidence did not support reopening the claim for residuals of tuberculosis, and that there was no direct service connection for any of the other conditions.

The Board found that the Veteran's hepatitis C was not incurred in or aggravated by active military service, as there is no evidence of a transfusion during service and the condition first appeared many years after separation.

The Board has determined that the grant of service connection for hepatitis C was not clearly and unmistakably erroneous, and thus restored the service connection.

The Veteran's left knee condition was found to have existed pre-service and aggravated by service, warranting service connection.,A 10% rating is granted for the Veteran's left ankle disability due to marked limitation of motion.

The Board denied service connection for hepatitis C and found that the Veteran's injuries in a motor vehicle accident were due to willful misconduct.

The Board has determined that the Veteran's bilateral hearing loss and hepatitis C are not related to service, and thus denied both claims.

The Board found that the Veteran's tonsillectomy treatment did not result in an additional disability caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA medical providers. The need for a blood transfusion was not reasonably foreseeable as a consequence of surgery or post-operative care.

The VA denied the appellant's claim for service connection of hepatitis C, finding that there is no credible evidence linking his current condition to his military service.

The Veteran's claim for service connection for hepatitis C was denied, and his claim for a rating in excess of 30 percent for residuals of an injury to the left hip and left knee was also denied.

The Board denied service connection for hepatitis C and a low back disorder, finding no evidence linking these conditions to active military service.

The Board finds that the Veteran's chronic hepatitis C and liver damage are likely due to exposure to contaminated blood during his active service, particularly in connection with his service in the Republic of Vietnam. The claim is granted.