Liver disease (hepatitis, cirrhosis) decisions — 2011

The Veteran's appeal is remanded to the RO for further development, including adjudicating a claim for an increased rating for left shoulder strain and readjudicating the T/R claim on appeal based on consideration of all service-connected disabilities. The RO must also furnish the Veteran with a Supplemental SOC regarding his hepatitis C rating.

The Board denied the Veteran's claim for additional compensation for a dependent spouse and service connection for an acquired psychiatric disorder, to include PTSD. The issue of hepatitis C was also addressed but not decided due to its inextricability with the other issues.

The Veteran's hepatitis C has not resulted in any incapacitating episodes or dietary restrictions, and thus does not meet the criteria for a rating higher than 10 percent.

The Veteran's claim for a left knee disability was denied as there is no evidence of a current disability. The claims of entitlement to service connection for a right knee disability and hepatitis were previously denied, but the Veteran has not appealed these decisions.

The Veteran's death was due to a service-connected disability (hepatitis), and the appellant is entitled to burial benefits.

The Board found that the Veteran's hepatitis C was not incurred in or related to his military service, and denied the claim.

The Board denied the Veteran's claim for service connection for a head scar, residual of a traumatic head injury in November 2003. The Veteran has submitted new evidence that does not relate to an unestablished fact necessary to substantiate his claim.

The Veteran's claim for a higher rating for hepatitis C was denied as the evidence did not meet the criteria for a 40% evaluation prior to April 20, 2010.

The Board has determined that the appellant's hepatitis is not related to his service, and therefore denied his claim for service connection.

The Board has determined that the Veteran's hepatitis C is service-connected, as it was incurred during his active duty. The effective date remains unchanged at March 20, 2007.

The Veteran's residuals of right spermatocele are not service-connected as they were not present in service and there is no evidence linking them to service. The sinus disorder and hepatitis B diagnoses are unclear due to the lack of etiology opinions provided by the VA examiner.

The Veteran's service-connected hepatitis C is manifested by daily fatigue, right upper quadrant pain, malaise, nausea, and slight hepatomegaly. The Board finds that a 40 percent evaluation is warranted based on these symptoms.

The Board has determined that the Veteran's hepatitis C is not service-connected due to his willful misconduct during military service, specifically his history of intravenous drug use. The Board found no evidence linking his current hepatitis B and C diagnoses to service.

The Board finds that it is as likely as not the Veteran's hepatitis C is related to his active service, and grants service connection for hepatitis C.

The Board has granted the Veteran's claim of service connection for hepatitis C, finding that his current condition is related to his military service. The evidence submitted since the final denial supports this conclusion.

The Veteran's service connection claims for degenerative joint disease of the lumbar spine, disability of both hips, bilateral carpal tunnel syndrome, asbestos exposure, and tuberculosis are all granted. The Veteran is assigned a 30 percent rating for his cervical spine disability since March 26, 2008.

The Veteran's prostate cancer is presumed due to his Vietnam service, and he has been granted service connection. However, there is no evidence linking the Veteran's hepatitis C to his military service.

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

The Veteran's appeal is remanded due to the need for a new VA examination and consideration of additional medical records, including those from June 2009 onwards. The case will be readjudicated after these actions.

The Veteran's hepatitis C with portal fibrosis and cirrhosis was granted a rating of 30 percent prior to November 22, 2004. Beginning November 22, 2004, the Veteran is entitled to an increased rating of 50 percent for this condition. The Veteran's pulmonary sarcoidosis with dry eyes is rated at 60 percent since its onset.