Liver disease (hepatitis, cirrhosis) decisions — 2010

The Veteran's hepatitis C with cirrhosis is currently rated at 20 percent, effective February 9, 2004. The RO has granted service connection for cirrhosis and increased the rating of hepatitis C to 20 percent.

The Board found that the Veteran's service-connected diabetes mellitus and cirrhosis of the liver did not contribute substantially or materially to his death, nor were they a contributory cause. The Board denied the claim for service connection for the cause of death.

The Board found that the Veteran's death was not caused by a service-connected disability, and thus denied the claim for service connection for the cause of his death.

The Board has determined that the Veteran does not have a foot disability, Hepatitis C, or right shoulder disability related to her service. The claims are denied.

The Veteran's initial ratings for pruritis and hepatitis C have been granted, but the rating for pruritis has not changed from 10% prior to March 16, 2009. The Veteran received a 30% rating for pruritis beginning March 16, 2009. His initial rating for hepatitis C remains at 10%.

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

The Board has remanded the case due to the need for a VA examination to determine if hepatitis C was first manifested in service.

The Veteran's death was not caused by his service-connected kidney stones or due to VA treatment. Therefore, the claim for service connection and 38 U.S.C. 1151 is denied.

The Board has remanded the case due to insufficient evidence and requests for additional medical records, including VA treatment records from 1978 onwards. The Veteran's claims for service connection for hepatitis and diabetes are being reviewed.

The Board has determined that the Veteran does not have current residuals of Hepatitis B, gallbladder removal, a stomach disability, or a disability related to high cholesterol. The claims are denied.

The Board found sufficient evidence to reopen the claim of service connection for hepatitis C, but denied reopening the claim of service connection for bipolar disorder due to lack of material evidence.

The Board denied the Veteran's claims for service connection for hepatitis C, B, drug abuse, and depression due to a lack of timely filing of a notice of disagreement.

The Board denied the Veteran's claims for service connection for various conditions, including hepatitis C and its related symptoms. The evidence submitted since the April 2002 rating decision did not raise a reasonable possibility of substantiating these claims.

The Veteran's service-connected disabilities do not meet the minimum threshold requirements for an award of TDIU under 38 C.F.R. § 4.16(a). However, VA policy allows for a TDIU to be granted in all cases where a service-connected disability causes unemployability regardless of the percentage evaluations. The case is therefore remanded for further examination and consideration.

The Board denied service connection for hepatitis C, hypothyroidism, hearing loss, tinnitus, a psychiatric disorder (major depression with polysubstance abuse, in remission), and residuals of low back trauma. The Veteran's claims were not supported by the evidence presented.

The Board has reopened the claim of service connection for hepatitis C and finds that new and material evidence has been received. The Veteran's current diagnosis of hepatitis C is related to his in-service treatment, including a blood transfusion during service.

The Board has denied the Veteran's claims for service connection of bilateral hearing loss, tinnitus, and hepatitis C. The evidence does not show that any of these conditions are related to service.

The Veteran does not currently have hepatitis C or its residuals, and the Board finds that his symptoms are related to post-service conditions rather than service.

The Veteran's appeal is being remanded due to the need for a hearing at the Waco RO. The claims for service connection for aneurysm of the large artery and hepatitis C, as well as reopening claims for paranoid schizophrenia and tuberculosis, are pending.

The Veteran's claims for service connection for hepatitis C and an evaluation in excess of 20 percent disabling for postoperative duodenal ulcer with gastroesophageal reflux disease (GERD) are being remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination.