Liver disease (hepatitis, cirrhosis) decisions — 2010

The Board has determined that the evidence received since the August 1999 rating decision is not new and material, thus denying the reopening of the claim for service connection for hepatitis C.

The Board denied the Veteran's claims for service connection for hepatitis C, bilateral hearing loss, and residuals of malaria. The appeals were dismissed due to the Veteran withdrawing his appeal on the issue of service connection for a skin disorder.

The Board denied the reopening of a claim for service connection for the cause of the Veteran's death, finding that new and material evidence had not been submitted.

The Board denied the Veteran's request for an earlier effective date for hepatitis C service connection and his claim of service connection for a respiratory disorder.

The Board has determined that the Veteran's service-connected PTSD contributed to his cause of death, which was listed as hypertensive cardiovascular disease and cirrhosis. The Board found that the appellant's private medical opinion supported her claim that the Veteran's alcohol dependence, secondary to his PTSD, led to his liver disease and ultimately caused his death.

The Board found that the Veteran's current hepatitis C was not present during service or for many years thereafter, and was not caused by any incident of service.

The Board found that the Veteran's Hepatitis C was not incurred in or aggravated by his military service, as it is more likely due to his history of intravenous drug use and promiscuous sexual activity during service.

The Veteran's claim for a TDIU is being remanded due to the need for further development, including obtaining medical opinions and SSA records.

The Veteran's appeal has been dismissed as the appellant withdrew their appeal before a decision could be made.

The Veteran's service-connected HCV is not shown to have been manifested by more than intermittent fatigue, malaise, and anorexia since January 3, 2008. The Board finds that the evidence does not warrant a higher initial evaluation.

The Veteran's service-connected Hepatitis B was asymptomatic from the date of claim, April 2, 1999 to December 12, 2005. From December 12, 2005, forward, his symptoms included daily fatigue, malaise, anorexia (without weight loss or hepatomegaly), vomiting, arthralgia, and right upper quadrant pain. The Veteran's disability did not warrant a compensable evaluation from the date of claim to December 12, 2005, but was rated at 10 percent disabling from that point forward.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development, including obtaining VA treatment records.

The Veteran's right knee disability was incurred in service and the claim for hepatitis B with cirrhosis of the liver is denied. The claim for left side body tremors remains pending.

The Board has denied the Veteran's claims for service connection for sleep apnea, diabetes mellitus, and hepatitis C as these conditions are not shown to be related to his active duty service or a service-connected disability.

The Veteran's claims for service connection for hepatitis C and a psychiatric disability (including PTSD, Major Depression, and anxiety) are being remanded due to the need for additional development of the record.

The Board has remanded the cases for further development due to inadequate VA examinations and incomplete readjudication.

The Board has remanded the case to adjudicate the service connection for cryoglobinemia with hepatitis C and kidney complications for accrued benefit purposes, and then to readjudicate the claim of service connection for the cause of the Veteran's death.

The Board has reopened the Veteran's claim of service connection for hepatitis C and remanded the case to consider the issues on appeal, including obtaining SSA records if relevant.

The Veteran's claim for higher ratings for PTSD was granted with a rating of 70 percent effective January 28, 2009. The claims for service connection and increased ratings for hypertension, sleep apnea, nonalcoholic steatohepatitis, and diabetes mellitus were denied.

The Veteran's hypertension is service-connected as secondary to his service-connected diabetes mellitus. The claim for hepatitis was denied due to lack of new and material evidence. Service connection for cerebrovascular disease with residual mild left upper extremity weakness associated with diabetes mellitus and peripheral neuropathy remains in effect, rated at 20 percent.