Liver disease (hepatitis, cirrhosis) decisions — 2011

The Veteran's appeal is being remanded for additional development to clarify the nature and onset of his hepatitis B and C, including whether these conditions began during service or are related to any incident of service.

The Veteran's hepatitis C is not service-connected as it was caused by his own willful misconduct involving the use of intravenous drugs during service.

The cause of the Veteran's death, cirrhosis of the liver, was not found to be service-connected as it did not develop in service or due to a condition that developed in service. The appellant's claims for alcohol-related causation and PTSD medication aggravation were not supported by evidence.

The Veteran's GERD with hepatitis B was granted service connection, but the RO did not assign a higher initial evaluation for either condition. The Board denied an increased rating for GERD and found no evidence of active liver disease warranting a separate compensable evaluation for hepatitis B.

The Veteran's claims for hepatitis and Guillian-Barré syndrome, including as due to exposure to Agent Orange, are being remanded for additional development.

The Board has determined that additional development is needed to determine if the appellant is the Veteran's surviving spouse and whether his service-connected conditions contributed substantially or materially to cause death. The case will be remanded for these purposes.

The Board denied the Veteran's claims of entitlement to service connection for hepatitis and a liver condition other than hepatitis, finding that there is no evidence linking these conditions to his military service.

The Veteran's hepatitis C was not shown in service or for many years thereafter, and there is no medical evidence suggesting a connection to service. The current diagnosis of hepatitis C is associated with the Veteran's long history of intravenous drug use.

The Board has determined that additional development of the record, including obtaining VA and private medical records, scheduling a VA examination for hepatitis C etiology, and scheduling a VA examination to evaluate the service-connected low back disability is necessary before deciding these issues.

The Board found that hepatitis C and diabetes mellitus were not incurred or aggravated by service, as there was no evidence of their presence during service. The diagnoses were first documented after service, but the Veteran did not provide credible evidence linking these conditions to his military service.

The Board found that the Veteran's hepatitis C did not meet the criteria for a rating in excess of 10 percent over any portion of the rating period on appeal.

The Veteran's hypertension and steatohepatitis have been granted service connection, with a 20 percent evaluation for steatohepatitis effective June 1, 2004. Service connection has also been established for spermatic cord lipoma (or small indirect inguinal hernia). The remaining issues were denied.

The Board has determined that additional development is needed to determine the nature and etiology of the Veteran's hepatitis C, as well as to assess the current severity of his thoracic spine degenerative disc disease. The claims are being remanded for these purposes.

The Board has determined that the Veteran's current diagnoses of hepatitis B and C are related to his high-risk sexual activities during active duty, and thus service connection is granted.

The Board has determined that the Veteran's hepatitis C is related to his military service, specifically his in-service IV drug use.

The Board found that the evidence did not establish a link between the Veteran's hepatitis C and his military service, leading to a denial of the claim.

The Board has remanded the case due to a scheduling issue, and will reschedule the Veteran for a video-conference hearing at their local VA office in Texas.

The Veteran's bilateral lower extremity peripheral neuropathy is related to his service-connected diabetes mellitus, and the Board finds in favor of granting service connection for this condition. The issue of hepatitis C remains pending as there are conflicting medical opinions regarding its etiology.

The Board has remanded the case for additional development, including obtaining inpatient treatment records from Fort Gordon and Maryland, determining if the Veteran had a tattoo during active duty, and providing an opinion on whether any acquired psychiatric disorder or hepatitis C is related to service.

The Board has remanded the case for further development due to inadequate medical opinions regarding the Veteran's hepatitis C and PTSD diagnoses.