Liver disease (hepatitis, cirrhosis) decisions — 2011

The Board has remanded the case for further examination and opinion regarding whether the Veteran's service-connected hepatitis C caused or aggravated his cirrhosis of the liver.

The Board found that the appellant's hepatitis C was not incurred in or aggravated by active service and is more likely a result of his own intravenous drug use.

The Board found that the Veteran's hepatitis C was not due to carelessness, negligence, or similar instance of fault on the part of VA in 2001 and/or 2006. Therefore, the claim for compensation under 38 U.S.C.A. § 1151 is denied.

The Veteran's granulomatous hepatitis, with hepatosplenomegaly, is currently rated at 10 percent and the Board finds that this rating adequately reflects his current symptoms.

The Veteran's claim for non-service-connected disability pension was granted with an effective date of December 7, 2004. The Board found that the hospitalizations he experienced were due to willful misconduct and did not qualify as sufficiently incapacitating to prevent him from filing a claim.

The Veteran's hepatitis C is manifested by near-constant debilitating symptoms such as fatigue, malaise, and weakness, including right side abdominal pain and tenderness. The Board has granted a 100 percent schedular rating for the service-connected HCV.

The Veteran's appeal is being remanded to the RO for scheduling a Travel Board hearing at the RO. The issues include reopening his claim of service connection for sterility and various other conditions.

The Veteran's service-connected Hepatitis C with cirrhosis is not shown to meet the criteria for a higher rating than 40 percent.

The Board has dismissed the appeal due to the Veteran's death, and no jurisdiction remains to adjudicate the merits of the case.

The Board found no evidence to support the Veteran's claims of service connection for a back disability, hepatitis C, and left ankle disability. The VA examiners concluded that these conditions are not related to his military service.

The Veteran's appeal is being remanded due to scheduling issues for a Travel Board hearing. The claims for service connection and TDIU are still pending.

The Veteran does not have a current liver disability that is attributable to his military service, and the Board finds no evidence linking his cirrhosis to any in-service exposure or injury.

The Board found that the veteran's hepatitis C did not have its onset during service and was not aggravated by service, thus denying his claim for service connection.

The Veteran's claims for bilateral hearing loss, tinnitus, hepatitis C and a right knee disorder have all been denied.,There is no evidence of any current disabilities related to these conditions.

Service connection is granted for hepatitis C and liver cancer, both found to be related to service-connected conditions.,The Veteran's diabetes mellitus remains a separate issue not addressed in this decision.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and providing the Veteran with a Statement of the Case (SOC) regarding his claims.

The Board found that new and material evidence had not been received to reopen the claims of service connection for residuals of hepatitis and a low back disorder. The Veteran's current conditions were attributed to inservice injuries, but there was no medical evidence showing chronic conditions resulting from these inservice treatments.

The Board has determined that the Veteran does not have a current diagnosis of hepatitis B and there is no evidence to support a finding that his hepatitis B was incurred in service. As such, the claim for service connection for hepatitis B is denied.

The Veteran's hepatitis C was not incurred in or aggravated by active military service. The Board found that the disease is more likely due to post-service risk factors, such as IV drug use and high-risk sexual behavior.

The Board has remanded the case due to procedural flaws and additional development is needed, including obtaining SSA records and reviewing the line of duty determination for the tattoo.