Liver disease (hepatitis, cirrhosis) decisions — 2012

The Board found that the causes of the Veteran's death were not related to his service or a service-connected disability, including diabetes mellitus and hepatitis C.

The Board found that the Veteran's hepatitis C with cirrhosis is related to his active service, resolving reasonable doubt in his favor.

The Veteran's hepatitis A has been evaluated as chronic liver disease without cirrhosis and assigned an initial 10 percent rating. The symptoms do not meet the criteria for a higher evaluation.

The Board has determined that new and material evidence has not been received to reopen the claim of service connection for hepatitis and hepatic transaminitis (claimed as chronic liver disease), to include as due to parasites and herbicide exposure. The July 2003 rating decision is final.

The Veteran's claim for service connection for hepatitis C is denied as there is no evidence of a current diagnosis. The arthritis/arthralgia, chronic fatigue, pain and depression, and gastrointestinal disorder claims are dismissed due to the overlap with his service-connected rheumatoid arthritis.

The Board found that the Veteran's hepatitis C is not related to his military service, as there was no evidence of treatment for hepatitis during active duty and the first post-service diagnosis did not occur until 1990. The VA examiner opined it was less likely than not that the Veteran's hepatitis C had its onset during military service.

The Veteran's service-connected hepatitis A has been in remission since his military service, and he currently does not have any symptoms or incapacitating episodes. As a result, the claim for an initial compensable rating is denied.

The Veteran's appeal is being remanded for scheduling a hearing before a Veterans Law Judge at his local RO.

The Board has remanded the case due to the need for additional development, including obtaining records from the Social Security Administration and scheduling a VA examination.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA outpatient treatment records and scheduling the Veteran for examinations to assess his current disability levels and determine if service connection can be established for renal insufficiency.

The Board finds that the Veteran's current hepatitis infection is as likely as not incurred in service, resolving reasonable doubt in his favor.

The Veteran's death was caused by respiratory failure due to pneumonia, which was attributed to cirrhosis. The underlying causes of the Veteran's death (cirrhosis and hepatitis B/C) are not service-connected or presumed.

The Veteran's hepatitis C has been rated at 40 percent since July 22, 2009. The VA examiner found no evidence of substantial weight loss or other indicators of malnutrition associated with the condition. There were also no incapacitating episodes during the past twelve months.

The Board found that the appellant's hepatitis C was not incurred or aggravated by service and denied his claim.

The Board found that the Veteran's hepatitis C and cirrhosis of the liver are less likely than not related to his active military service.

The Veteran's hepatitis C was not incurred in or aggravated by active military service. Service connection for an acquired psychiatric disorder, to include depression and PTSD, is not established.

The Board has remanded the case for further development, including obtaining a VA examination to determine the nature and likely etiology of the Veteran's claimed arthritis of the jaw, knees, feet, and hepatitis. The claims will be readjudicated after all relevant evidence is considered.

The Board found that there was no factual ascertainable increase in disability prior to February 15, 2006 for the award of a 10 percent rating for hepatitis C. Therefore, an effective date earlier than February 15, 2006 is not warranted.

The Board has remanded the case for further development, including obtaining service personnel records and medical opinions regarding the Appellant's claims of service connection.

The Veteran was granted a combined disability rating of 70 percent for service-connected disabilities effective August 25, 2005. The Board found that the Veteran met the criteria for TDIU as of this date and confirmed the effective date of January 17, 2006.