Liver disease (hepatitis, cirrhosis) decisions — 2012

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and scheduling him for a new examination to determine the nature and severity of his hepatitis C. The issue of entitlement to TDIU benefits has also been raised by the record and must be remanded for initial adjudication.

The Veteran's claims for service connection were granted, with the effective date set at September 30, 2002. The Veteran was awarded a 40 percent rating for his lumbar spine disability as of October 31, 2006. He also received TDIU benefits.

The Veteran's bilateral hearing loss and tinnitus are found to be related to service, while his infectious hepatitis is rated at a compensable level based on its effects.

The Board has determined that the Veteran does not have a service connection for hepatitis C or any other condition, and thus denied all claims.

The Board found that the Veteran's hepatitis C was caused by his willful misconduct, specifically his reported IV drug use during service.

The Board found that the Veteran's service-connected seizure disorder did not cause or contribute substantially to his death due to liver cirrhosis and related complications, which were not shown to be causally related to service.

The Veteran's service-connected hepatitis C with cirrhosis is not manifested by daily fatigue, malaise, and anorexia, with minor weight loss and hepatomegaly, or; incapacitating episodes (with symptoms such as fatigue, malaise, nausea, vomiting, anorexia, arthralgia, and upper right quadrant pain) having a total duration of at least four weeks, but less than six weeks, during the past 12-month period. Therefore, the criteria for entitlement to a disability evaluation in excess of 20 percent have not been met.

The Board denied the Veteran's claim of reopening his service connection for hepatitis C, finding that new and material evidence had not been received.

The Veteran does not have a current diagnosis of hepatitis or residuals thereof, and the Board finds that there is no evidence to support service connection for hepatitis.

The Board has remanded the Veteran's claims for further development due to the need to obtain additional evidence from Social Security Administration (SSA) related to his disability claim.

The Board has ordered a remand to obtain additional medical examination and opinion regarding the Veteran's hepatitis C, including its potential connection to service. The case will be returned for further development.

The Veteran's right orchiectomy, status post cancer, with testicular prosthesis, was granted a 20 percent evaluation. The Veteran's hepatitis C and cirrhosis of the liver were both denied increased evaluations. The scar of the lower right quadrant received a non-compensable evaluation. Service connection for a sleep disorder secondary to hepatitis C was also granted.

The Board found no evidence linking the Veteran's current hepatitis C to his service, despite his reported in-service risk factors. The claim was denied.

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

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

The Veteran's appeal for a higher disability evaluation for his hepatitis C with hepatic fibrosis has been withdrawn.

The Veteran's claim for service connection for PTSD was granted, as the Board found that his reported in-service stressors were consistent with his service and supported a diagnosis of PTSD. The claim for cirrhosis of the liver/liver transplant is remanded due to an incomplete Statement of the Case.

The Board found that the Veteran's hepatitis C is secondary to his illicit drug use during service, and granted service connection for this condition.

The Veteran's hepatitis C is etiologically related to active service and the Board has granted entitlement to service connection for this condition.

The Veteran's chronic hepatitis C was rated at 20 percent prior to June 30, 2011. From June 30, 2011, the rating for his condition is not in excess of 20 percent.