Liver disease (hepatitis, cirrhosis) decisions — 2009

The Board has determined that the Veteran's hepatitis C was not incurred as a result of military service and denied his claim.

The Board has granted service connection for a low back disorder, finding that it was aggravated by the Veteran's service-connected arthritis of both hips. The other issues remain pending.

The Veteran's death was not due to a service-connected disability, and the appellant did not meet the requirement of having been married for at least eight years prior to the Veteran's death.

The Board denied the Veteran's claims for service connection and increased ratings, finding no new and material evidence to reopen his hepatitis C claim and concluding that the available documentation did not suggest a blood transfusion in service.

The Board has remanded the case due to new evidence received after the issuance of the September 2007 SOC and because the Veteran's claim for service connection for a psychiatric disorder is secondary to his hepatitis C.

The Veteran's HCV was not incurred in or aggravated by his military service. The Board found that the most likely cause of his HCV is intravenous drug use, which occurred after he left active duty.

The Veteran's service connection claim for hepatitis C is granted as the disease was incurred in active duty due to exposure and injuries during service.

The Board found no evidence to support the Veteran's claim that his hepatitis C was incurred during service, and denied service connection.

The Veteran's bilateral hearing loss was found to be incurred within one year of separation from his first period of active service, and thus is presumed to have been incurred in service. The Veteran's hepatitis C is presumed to have been incurred during service due to the lack of any scientific evidence to document transmission through airgun injectors.

The Board has reopened the appellant's claim for service connection for the Veteran's cause of death due to new evidence showing a link between his active service and his fatal liver disease. The claim is granted.

The Veteran's claim for service connection for a right knee disability secondary to his service-connected left knee disability has been reopened. The Veteran is also granted an increased rating of 30 percent for hepatitis C, effective from the date of the decision.

The Board found that the Veteran's current hepatitis and liver disability were not incurred in or aggravated by active service.

The Board has granted reimbursement for the prescription drug haloperidol and denied coverage of the prescription drugs Merislon, Sibelium, Serc, and Methycobal for the Veteran's service-connected Meniere's disease under Foreign Medical Benefits. The breast muscle toner request was also denied.

The Board denied the Veteran's claims for service connection for hepatitis C and depression, finding that there was no clear diagnosis of psychiatric disability other than depression. The preponderance of evidence did not support a finding that hepatitis C or any related conditions were incurred in service.

The Board has determined that new and material evidence has not been received to reopen the Veteran's previously denied claim of service connection for hepatitis. The issue remains unresolved.

The Board denied the Veteran's request to reopen his claim for service connection for hepatitis C, finding that no new and material evidence had been received.

The Board denied the Veteran's claims for service connection for low back disability and hepatitis C, finding that new evidence did not relate to an unestablished fact necessary to substantiate the claim of service connection for a low back disability. The Board also found that there is no persuasive evidence linking hepatitis C to active duty service.

The Veteran is seeking service connection for multiple undiagnosed illness-related disabilities, including hepatitis C. The VA has been requested to obtain medical records and SSA information to assist in determining the etiology of his liver disease and other gastrointestinal complaints.

The Board denied the Veteran's petitions to reopen his claims for service connection for hepatitis, IBS, and residuals of hepatitis. The evidence received since the June 1998 denial was not considered material.

The Veteran's diabetes mellitus has been rated at 20 percent since December 6, 2000. The Board found that the evidence does not support a higher rating due to lack of regulation of activities as required for a 40 percent rating. Service connection for hepatitis was denied.