Liver disease (hepatitis, cirrhosis) decisions — 2009

The Veteran's disability picture reasonably encompasses a variety of significant multi-system disabilities that render him more often than not unable to safely perform virtually all activities of daily living without regular assistance from another person, warranting the grant of SMP benefits based on the need for regular aid and attendance.

The Veteran's service-connected Hepatitis C did not render him unable to secure or follow substantially gainful employment, and therefore his claim for a TDIU is denied.

The Board has determined that hepatitis C is at least as likely as not contracted via a blood transfusion during surgery for a service-connected low back disability, and thus grants the Veteran's claim for service connection.

The Veteran's nonservice-connected disabilities include degenerative disc disease of the lumbar spine, moderate L5 radiculopathy, left S1 radiculopathy, and hepatitis C. His combined disability rating is 40 percent. The Board found that his disorders fail to meet the minimum schedular rating for consideration of a nonservice-connected pension.

The Veteran's appeal for service connection for hepatitis C was dismissed due to his death.

The Veteran's claims for hepatitis C and flat feet, claimed as foot pain, are being remanded due to the need for additional development of his service records.

The Board has dismissed the Veteran's claim of clear and unmistakable error (CUE) in the October 2002 rating decision that denied service connection for hepatitis C, as the Veteran did not plead his arguments with specificity required by Fugo v. Brown.

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

The Veteran's unauthorized medical expenses incurred from February 21, 2004 to February 24, 2004 were denied as the condition did not meet the criteria for emergency treatment.

The Board finds that the Veteran does not have a current diagnosis of hepatitis C or residuals of any type of hepatitis, and thus service connection for these conditions is denied.

The Board has remanded the case due to incomplete service records and will seek to verify the Veteran's complete periods of active duty, active duty for training, and inactive duty with the Army Reserve. The claims for service connection for chronic hepatitis C and chronic hypertension will be reconsidered.

The Veteran's claims of entitlement to service connection for hepatitis C and an initial noncompensable rating for PTSD were denied. The Veteran was subsequently awarded service connection for hepatitis C.

The Veteran's hepatitis C is characterized by fatigue with headaches, arthralgias, pruritus, and malaise. The Board found that the schedular criteria for a rating in excess of 10 percent for hepatitis C have not been met.

The Veteran requested to withdraw their appeal, and the Board has dismissed it.

The Board has determined that the appellant does not have a current diagnosis of hepatitis B or C, and thus cannot establish service connection for these conditions. The claim for a separate disability evaluation for degenerative joint disease (DJD) of the lumbar spine is denied as there is no evidence to support an additional rating beyond what is already assigned for his service-connected lumbar strain.

The Board has determined that the Veteran's hepatitis C is related to his active duty service, warranting service connection.

The Board has determined that hepatitis C was incurred in active service and granted the veteran's claim for service connection.

The Board found that there is no competent evidence of a nexus between the post-service diagnosis of hepatitis C and an incident in service, thus denying the claim for service connection.

The Board has denied the Veteran's requests to reopen claims for service connection for a heart condition, hepatitis, and bronchial condition.

The Board found that the Veteran's hepatitis C was not incurred in or aggravated by his active service and denied the claim.