Liver disease (hepatitis, cirrhosis) decisions — 2013

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining SSA records and scheduling VA examinations.

The Board found that the Veteran's hepatitis C is not related to his military service, as it was likely due to his own history of heroin use during and after service. The claim for service connection is denied.

The Board found that there is no evidence of an acquired psychiatric disorder, chemical dependency, hepatitis A or B, or hepatitis C related to service. The Veteran's alcohol abuse and hallucinations were noted during service but the conditions are not considered service-connected.

The Board has remanded the case to obtain a VA evaluation of the Veteran's hepatitis C with a nexus opinion that includes discussion of the Veteran's contentions regarding exposure and service connection.

The Board finds that the Veteran's service-connected conditions, including PTSD, coronary artery disease, diabetes mellitus, and hearing loss, contributed to his death from liver cirrhosis. The claim is granted.

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

The Board has decided to remand the case for additional development, including obtaining VA treatment records and scheduling a VA examination. The appellant's left knee disability may have pre-existed service or been aggravated by service.

The Veteran's appeal is remanded for additional examination and to obtain relevant VA treatment records. The case will be again remanded if the evaluation of her service-connected polyarthralgia does not warrant a greater than 20 percent rating.

The Veteran's claims for increased ratings for hepatitis C and cirrhosis are being remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination.

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The Board granted service connection for a respiratory disorder to include tuberculosis and asbestosis, but denied reopening of the previously denied claim for hepatitis C. The Veteran's respiratory disorder is found to be related to events during service, including exposure to tuberculosis. Service connection was not established for hepatitis C.

The Veteran's claim for TDIU was granted effective January 8, 2008, based on his service-connected depression. The effective date cannot be earlier than the date of the claim due to the timing of the grant of service connection.

The Veteran has withdrawn his appeals regarding the claims for bilateral hearing loss, tinnitus, hepatitis, a respiratory disorder (including exposure to asbestos and herbicides), and an initial rating higher than 30 percent for PTSD with secondary depressive disorder. The Board has no further jurisdiction in these matters.

The Board has determined that the Veteran's hepatitis C is related to his active service, and therefore grants service connection for this condition.

The Veteran's hepatitis C has been manifested by daily fatigue and malaise with hepatomegaly, but not meeting the criteria for a higher evaluation.

The Board dismissed the appeal due to the Veteran's death, as it has no jurisdiction to adjudicate the claim at this time.

The Board found that the Veteran's hepatitis C did not manifest during service or within a year of separation, and there were no recognized risk factors for hepatitis C. The medical evidence does not support a link between the Veteran's in-service 'infectious hepatitis' and his current hepatitis C diagnosis.

The Board finds that the Veteran's Hepatitis B and C are not due to any incident of his active duty service, including a knee surgery in service. The preponderance of evidence reflects that the Veteran's Hepatitis is not related to service.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and issuing a statement of the case regarding the effective date of his PTSD service connection.

The Veteran's death was attributed to heroin and ethanol toxicity, which were not service-connected conditions. The Board found that the service-connected hepatitis C with end stage liver disease did not contribute substantially or materially to his cause of death.