Liver disease (hepatitis, cirrhosis) decisions — 2010

The Veteran's hepatitis C with cirrhosis has been manifested by daily fatigue, malaise, and anorexia, but without weight loss or hepatomegaly. The disability does not meet the criteria for a higher rating as it is not productive of incapacitating episodes (with symptoms such as fatigue, malaise, nausea, vomiting, anorexia, arthralgia, and right upper quadrant pain) having a total duration of at least four weeks during the past 12-month period.

The Veteran's appeal is being remanded for additional development, including VA examinations to determine the nature and etiology of any current psychiatric disability (PTSD) and hepatitis C.

The Board found that the Veteran's hepatitis C did not have its onset during service and ruled against his claim for service connection.

The Board denied the reopening of the claim for orchitis, status post left orchiectomy and denied service connection for hepatitis C. The decision also noted that no VA examination was provided in this context.

The Veteran's claims for service connection for hepatitis C, and initial and maximum ratings for PTSD and substance abuse are being remanded due to the need for additional development.

The Veteran's hepatitis C and psychiatric disorder are not service-connected, as the former is due to his own drug use during service, which was willful misconduct. The latter does not meet the criteria for presumptive or direct service connection.

The Board found that the Veteran's hepatitis C was not incurred in service and denied his claim, concluding that it was more likely due to his own willful misconduct involving intravenous drug use.

The Veteran's claims have been dismissed due to his death.

The Board has determined that the claims must be remanded for further development due to incomplete notice and potential issues with service connection.

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

The Board has determined that the January 2004 rating decision which denied entitlement to service connection for hepatitis C is not final. As a result, the effective date of the grant of service connection for hepatitis C as originally determined by a December 2007 rating decision will be reconsidered.

The Board has remanded the case to address new theories of service connection and potential aggravation claims, including a VA examination for hepatitis B.

The Veteran's appeal has been dismissed as he withdrew his appeals for increased evaluations of asthmatic bronchitis and tinnitus.

The Board has determined that the Veteran's current diagnosis of hepatitis C is not due to a disease or injury in service and thus denied his claim for service connection.

The Veteran's chronic liver disease (hepatitis), chronic blood disease (thrombocytopenia), chronic vascular disease (mesenteric vein and portal vein thrombosis), and chronic gall bladder disease (cholelithiasis) are all determined to be due to carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA medical providers in 2000. As a result, the Veteran is granted compensation under 38 U.S.C.A. � 1151 for each condition.

The Board found that the Veteran's hepatitis C is not related to service, as it was due to his own IV drug use after service.

The Board has determined that the Veteran's death was caused by hepatitis C, which occurred during his service as a medic. The cause of this condition is considered to be directly related to his active duty.

The Board has remanded the case for additional development due to missing medical records from Hennepin County Medical Center and Minnesota Department of Corrections.

The Board has reopened the Veteran's claims for hepatitis B and tinnitus, and granted service connection for chronic tinnitus. The issues of service connection for other conditions are being remanded to the RO.

The Board has determined that the Veteran's hepatitis C was incurred in service and grants service connection for this condition.