Liver disease (hepatitis, cirrhosis) decisions — 2009

The Veteran's service-connected disabilities do not render him unemployable, as he is capable of performing the physical acts required by sedentary employment.

The Veteran's claim for TDIU is being remanded due to the need for additional development, including obtaining updated VA treatment records and requesting an addendum from the September 2008 examiner.

The Board has determined that the Veteran's PTSD is incurred in service and grants service connection for PTSD. The claim of entitlement to service connection for Hepatitis C remains pending as it was not addressed by the August 2004 rating decision.

The Veteran's low back, knee, hip, and psychiatric conditions are being remanded for further examination and development. The claims for hepatitis C will also be remanded.

The Veteran does not have hepatitis C as a result of VA medical treatment, and the Board finds that his claim is denied.

The Veteran's claims for initial compensable rating for Hepatitis C and service connection for a skin disorder (lipomas) have been denied. The Board found no evidence of chronic or recurrent symptoms related to these conditions during service, and the Veteran did not provide new and material evidence to reopen his claims for bilateral hearing loss and tinnitus.

The Board has determined that the Veteran's death was caused by his service-connected conditions, and he is eligible for Dependent's Educational Assistance.

The Board denied the Veteran's claims for service connection and increased ratings for his right and left knee disabilities, low back disability, hepatitis C, and multiple forehead scars. The Veteran is currently rated at 40% for his degenerative disc disease of the lumbar spine.

The Veteran's claim for service connection for hepatitis C is being remanded due to the need for further medical nexus opinions and records.

The Veteran's hepatitis C was not incurred in or aggravated by his military service. The Board found no competent evidence establishing an etiological connection between the Veteran's hepatitis C and service.

The Board found that the Veteran's eye disorder is not related to or chronically worsened by his service-connected hepatitis C, and therefore denied secondary service connection for an eye disorder.

The Board denied service connection for hepatitis B and bilateral hearing loss, finding no current disability related to service. For hepatitis B, there is no evidence of a current condition. For bilateral hearing loss, the Veteran's current hearing loss was not caused by or a result of his time in service.

The Board has reopened the Veteran's claim and found that new evidence supports a finding of service connection for hepatitis C, resolving doubt in favor of the Veteran.

The Board has determined that the Veteran's hepatitis C with cirrhosis is related to his service-connected residuals, cerebral contusion with personality change and chronic PTSD. Therefore, service connection for hepatitis C with cirrhosis is granted.

The Veteran's service-connected disabilities do not render him unable to obtain or maintain substantially gainful employment.

The Board found that the Veteran's hepatitis C is more likely due to his IV drug use during service, which constitutes willful misconduct and thus precludes service connection.

The Board has granted a 30 percent disability rating for the Veteran's service-connected right shoulder dislocation residuals and has found that hepatitis C is related to military service. The claims are denied as there is no evidence of an increased disability rating or new and material evidence.

The Board has denied the Veteran's claims for service connection for hepatitis C, back disability, and neck disability due to a lack of competent medical evidence linking these conditions to his military service.

The Board is remanding the case to obtain missing service treatment records and personnel records, including clinical records from Selfridge Air Force Base following a car accident in August 1966. The Veteran's hepatitis C diagnosis will also be reviewed for its onset during active service or related to any in-service disease, event, or injury.

The Veteran's service-connected diabetes mellitus, type II, associated with herbicide exposure, does not prevent him from securing and following any form of substantially gainful employment.