Liver disease (hepatitis, cirrhosis) decisions — 2012

The Veteran's appeal is being remanded for additional development, including a new examination and consideration of his tinnitus claim. The hepatitis C claim has been withdrawn.

The Veteran's appeal is being remanded for additional development, including obtaining relevant medical records and conducting a VA examination to determine the likely etiology of his hepatitis C.

The Veteran's service-connected PTSD, rated at 70 percent disabling, meets the threshold requirement for special monthly compensation by reason of being housebound due to his TDIU status. He does not meet the criteria for aid and attendance benefits.

The Veteran does not have current residuals of hepatitis and the Board finds that service connection for this condition is denied.

The Veteran's death was not caused by VA medical treatment, and the cause of his death (cardiopulmonary arrest) is unrelated to any service-connected condition or exposure. The appellant's claims for death pension benefits and accrued benefits were also denied.

The Veteran's appeal is being remanded due to the need for additional medical evidence and consideration of his TDIU claim. The case will be returned to the RO for further action.

The Veteran's hepatitis C is found to be related to his active duty service, and he is granted service connection for this condition. The Board finds that the evidence does not support a finding of direct service connection for his right ankle bursitis or left ankle disorder, nor can it be determined if these conditions are secondary to any service-connected disability.

The Board has determined that the Veteran's cause of death, arteriosclerotic heart disease resulting in coronary insufficiency and myocardial failure, was not caused by or substantially contributed to his death by a service-connected disability.

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

The Veteran's claim for a permanent and total disability rating for nonservice-connected pension purposes is being remanded due to the need for additional medical examination and consideration of Social Security Administration (SSA) records.

The Board denied service connection for hepatitis C and rheumatoid arthritis. For hepatitis C, the Veteran's claim was based on direct evidence of a disease in service without any other theories of entitlement being considered. For rheumatoid arthritis, no theory of entitlement was provided.

The Board found that the Veteran's hepatitis C did not have its onset during service and is not otherwise etiologically related to his active service, thus denying the claim for service connection.

The Board has remanded the case due to inadequate examination and new evidence submitted by the Veteran. The claim will be re-adjudicated based on all available information.

The Board denied reopening the claim for service connection for hearing loss and denied service connection for tinnitus and hepatitis C. The Veteran's application to reopen his claim was not timely, as he did not appeal the July 2006 rating decision.

The Veteran's service-connected disabilities did not render him incapable of obtaining and maintaining substantially gainful employment prior to November 3, 2008.

The Board found that diabetes mellitus, asthma, and hepatitis B with liver disability were not related to service or service-connected conditions.

The Board has reopened the Veteran's claim of service connection for hepatitis C based on new and material evidence. However, further development is needed to verify his allegations of exposure to risk factors in service.

The Veteran's claim for service connection for hepatitis B was denied as there is no current diagnosis or residuals of the condition. The VA examiner found that the claimed condition is less likely than not incurred in or caused by his active duty service.

The Board has remanded the case for additional development, including obtaining the Veteran's complete service treatment records and post-service treatment records. The VA examiner is to provide an opinion on whether it is at least as likely as not that the Veteran's cirrhosis was related to active service or any incident of service, and if so, whether it contributed substantially or materially to his death from pneumonia complications and severe chronic obstructive pulmonary disease.

The Board has determined that the Veteran's hepatitis C is not related to his service, and thus denied his claim for service connection. The issue of an initial rating in excess of 50 percent for generalized anxiety disorder remains before the Board.