Liver disease (hepatitis, cirrhosis) decisions — 2013

The Veteran's hepatitis C and cirrhosis of the liver have been rated at 60 percent since March 22, 2012.

The Board has granted service connection for liver cancer as secondary to the Veteran's service-connected hepatitis C, resolving all reasonable doubt in favor of the Veteran.

The Board found that the Veteran's service-connected disabilities, including his diabetes mellitus and depression with anxiety, did not cause or contribute substantially to his death from alcoholic cirrhosis.

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

The Veteran's appeal for service connection for bilateral hearing loss was withdrawn prior to the Board making a decision. The issue of hepatitis C has been remanded due to lack of STRs and outstanding VA treatment records.

The Veteran's hepatitis C and hypertension claims are being remanded for additional development, including a new VA examination and obtaining relevant medical records. The hypertension claim is also on appeal.

The Board has determined that the Veteran's diabetes mellitus, which is presumed due to his in-country service in Vietnam, contributed substantially or materially to his death from liver failure caused by cirrhosis. The claim for service connection for cause of death is therefore granted.

The Veteran's claim for COPD was denied as there is no evidence of a current disability and the Board finds that any such condition is not related to service.,Osteoarthritis claims were also denied, with the Board finding that arthritis did not manifest during service or within one year post-service and is not linked to service.,The Veteran's claim for hepatitis-C infection was denied as there is no evidence of a current disability and it is not related to service.,Scoliosis was denied as there is no evidence of a current disability and the Board finds that any such condition is not related to service.,Chronic dry skin with pruritis claims were denied as there is no evidence of a current disability and the Board finds that any such condition is not related to service or an undiagnosed illness.,The Veteran's claim for joint/muscle pain, memory loss, anxiety, depression, night sweats, mood swings, emotional problems, sleep disturbance, nightmares and neurological symptoms was denied as there is no evidence of a current disability and the Board finds that any such condition is not related to service or an undiagnosed illness.

The Veteran's claim for reimbursement of unauthorized medical expenses is being remanded due to the need for additional VA treatment records from 2009.

The Board has determined that the Veteran's service-connected bladder cancer and its residuals contributed to his death from end-stage liver disease and hepatic encephalopathy. The claim for service connection for the cause of the Veteran's death is granted.

The Board has remanded the case due to the need for additional development, including obtaining VA outpatient treatment records and scheduling a new VA examination for bilateral hearing loss.

The Board has determined that the Veteran's claim for an effective date prior to May 23, 2008 for the award of service connection for hepatitis C is denied. The earliest possible effective date for the Veteran's service connection award is May 23, 2008.

The Board has remanded the case for further development and consideration, including considering all additional evidence submitted since the latest Supplemental Statement of the Case (SSOC).

The Veteran's hepatitis C disability is currently rated at 20 percent, effective September 29, 2010. The issues of PTSD and lung condition are not addressed in this decision.

The Veteran's service-connected disabilities, including hepatitis C, status-post left femur fracture with avascular necrosis of the left hip, and back condition associated with the hip disability, have rendered him unable to secure or follow a substantially gainful occupation since January 2005.

The Veteran's hepatitis C, cirrhosis of the liver and esophageal varices are not service-connected due to social risk factors. However, there is a possibility that they could be related to in-service immunizations with air guns.

The Board has determined that the Veteran's sinusitis with history of nasal polyps pre-existed service and was not aggravated during service, thus granting service connection for this condition.,However, there is no clear and unmistakable evidence to support a finding that the Veteran's autoimmune hepatitis had its onset in service or was otherwise related to his military service.

The Veteran's appeal is being remanded for further development of his claims, including obtaining medical opinions regarding the etiology and severity of his claimed conditions.

The Veteran's death was not caused by a service-connected disability, and cirrhosis of the liver could not be presumed to have been incurred in service.

The Veteran's claim for special monthly pension at the housebound rate is denied as he does not have a single permanent disability rated 100 percent disabling under the Schedule for Rating Disabilities.