Liver disease (hepatitis, cirrhosis) decisions — 2011

The Board has remanded the case due to inadequate examination and new evidence submitted by the Veteran. A new VA examination is required to determine if hepatitis C is related to service.

The Veteran's hepatitis C is currently rated as noncompensable, but the Board has determined that a 10% rating is warranted. The cervical spine disability is rated as noncompensable and service connection is granted.

The Veteran died from hepatic encephalopathy due to hepatitis C. The appeal involves service connection for the cause of death, DIC under 38 U.S.C.A. § 1151, and dependent's educational assistance. The claims are remanded as new evidence is needed and VA records related to the liver transplantation application must be obtained.

The Board finds that hepatitis C was incurred during active service and grants the claim for service connection.

The Veteran's anxiety disorder was granted a 30 percent rating, effective from June 2010. The claim for hepatitis C remains pending.,Service connection for an anxiety disorder has been established, but the denial of service connection for hepatitis C means that this condition is not considered service-connected.

The Board has ordered additional development to obtain medical records and conduct examinations to determine the appellant's need for regular aid and attendance or housebound status.

The Board found no evidence of Hepatitis C in service or due to herbicide exposure, and thus denied the Veteran's claim for service connection.

The Board found that the Veteran's hepatitis C, heart disorder, and low back disorder are not related to his military service. The claims for these conditions were denied.

The Veteran's hepatitis C was manifested by daily fatigue, malaise, nausea and vomiting from October 26, 2007 until December 29, 2008. During this period, he experienced substantial weight loss (183 pounds to 161 pounds) without hepatomegaly or other significant liver disease manifestations.

The Veteran's Hepatitis C did not have onset in service and was not caused or aggravated by the Veteran's active military service. Therefore, the claim for service connection is denied.

The case is being remanded to the RO for scheduling a Travel Board hearing as requested by the appellant. The evaluation for bilateral hearing loss from May 16, 2008 remains pending.

The Veteran's lumbar spine injury and acquired psychiatric disorder (PTSD) are not service-connected.,Service connection for hearing loss is not addressed in this decision.

The Board found that the Veteran does not have current active hepatitis or any related liver disease, and thus denied his claims for service connection.

The Board has determined that the Veteran's hepatitis C is not etiologically related to his active duty service, and therefore denied the claim.

The Board found that the Veteran's hepatitis C was not incurred or aggravated during his active duty service and is instead attributable to post-service risk factors such as drug use, alcohol abuse, and multiple sexual partners. As a result, the claim for service connection for hepatitis C was denied.

The Board has determined that the Veteran's care at Baptist Medical Center Beaches on August 26, 2009 was rendered during a medical emergency and VA facilities were not feasibly available. Therefore, payment or reimbursement of unauthorized medical expenses is granted.

The Veteran's claim for service connection for hepatitis C is being remanded due to the failure to report for a VA examination scheduled on March 22, 2011. The Veteran will be given another opportunity to undergo an appropriate VA examination.

The Veteran's claims for defective hearing, residuals of hepatitis A, dyspepsia, and plantar fasciitis were all granted. The initial evaluation for the left foot condition was increased to 10 percent effective April 14, 2011.

The Veteran's claims of service connection for an acquired psychiatric disability and hepatitis C are being remanded due to the need for additional development, including obtaining records from Kuwe Hospital in Okinawa, Japan, and arranging for a VA examination.

The Board found no evidence of a service connection for hepatitis C and associated liver disability, as the Veteran's only risk factor was sexual contact with an individual who had been diagnosed with hepatitis C. However, the medical evidence showed that he was first diagnosed with hepatitis C approximately 18 years after his military service ended, which is not considered a valid basis to grant this claim.