Liver disease (hepatitis, cirrhosis) decisions — 2013

The Board found that the Veteran's hepatitis C and cirrhosis were not incurred in or related to his military service, as there was no direct evidence linking these conditions to his active duty. The claims are denied.

The Board has reopened the Veteran's claim of entitlement to service connection for hepatitis C and is granting it. The issue of a compensable rating for herpes infection of the mouth and lips with erythema multiform remains pending.

The Board has determined that the Veteran's hepatitis C and prostate disorder are not service-connected, with the exception of a presumption based on exposure to Agent Orange. The claim for higher compensation due to the presence of a dependent child is denied.

The Veteran's service-connected residuals of hepatitis were rated at zero percent (noncompensable) prior to May 12, 2009 and increased to twenty percent from that date. The Board found the evidence did not support a higher rating for any period.

The Board has determined that the Veteran does not have diabetes mellitus, Type II. The issues of hypertension and radiculopathy/peripheral neuropathy of the upper extremities are addressed in the REMAND portion of this decision.

The Board found no clear and unmistakable error in the December 1972 rating decision that denied service connection for infectious hepatitis.,New evidence submitted since the December 1972 denial relates to an unestablished fact necessary to reopen a claim for service connection for hepatitis B, but does not establish service connection.

The Veteran's death is likely due to or aggravated by his service-connected coronary artery disease and status post coronary artery bypass grafting, rather than any condition resulting from VA medical treatment.

The Veteran withdrew his appeal for service connection of hepatitis C during the April 2012 Board hearing. The issues of bilateral hearing loss and a compensable rating for hepatitis A and B are addressed in the REMAND portion of the decision.

The Veteran's skin disorder is not due to disease or injury that was incurred in or aggravated by active service. The claim for hepatitis C and an innocently acquired psychiatric disorder (including depression and schizophrenia) remains pending.

The Board found that the Veteran does not have hepatitis C and has not had it during the pendency of this claim, thus denying service connection for hepatitis C.

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

The Veteran claims service connection for multiple disabilities including bipolar disorder, a low back disability, and hepatitis C. The Board has remanded the case due to inadequate examination reports and incomplete medical records.,The Veteran claims service connection for a low back disability and residuals of a right arm fracture. The Board has also remanded these issues due to inadequate examination reports and incomplete medical records.,The Veteran claims service connection for hepatitis C, which he alleges was caused by inoculations during active duty. The Board has also remanded this issue due to inadequate examination reports and incomplete medical records.,The Veteran claims service connection for cirrhosis of the liver, which he alleges is related to his hepatitis C infection. The Board has also remanded this issue due to inadequate examination reports and incomplete medical records.

The Veteran's service-connected disabilities, including Hepatitis C and peripheral neuropathy of the lower extremities, have resulted in a need for regular aid and attendance. However, he does not meet the criteria for housebound status due to his ability to ambulate with assistive devices.

The Board has determined that there is no evidence to support the Veteran's claims for service connection for hepatitis and infertility (claimed as sexual dysfunction).,Both conditions are not considered to be related to active duty service.

The Board found that the Veteran does not have current hepatitis C or jaundice as a result of his time in active duty service and denied his claim.

The evidence does not establish a direct link between the Veteran's hepatitis C and his military service, including any in-service exposure to blood or other risk factors.

The Board has determined that the Veteran's claimed conditions, including bilateral hearing loss, allergic sinusitis/rhinitis, ulcers, and hepatitis C, are not shown to have been incurred or aggravated during service. The initial presumption of soundness upon entry into service is rebutted as there is no clear and unmistakable evidence (CUE) that these conditions existed prior to service.

The Veteran's autoimmune hepatitis was granted service connection and assigned a 20 percent rating effective from July 12, 2005.,No higher rating is warranted for the period after July 12, 2005.

The Board denied the Veteran's claims for service connection for hepatitis B and anxiety disorder, finding that new and material evidence had not been received to reopen these claims.

The Board found that Hepatitis C was not incurred in or aggravated by service and denied the claim.,The right ear hearing loss disability was also not incurred in or aggravated by service.