Liver disease (hepatitis, cirrhosis) decisions — 2013

The Veteran withdrew his appeals of the claims for left ear hearing loss and right eye injury during a June 2011 Board hearing. As these claims have been properly withdrawn, they are dismissed.

The Veteran's hepatitis A and B were rated at 10 percent since April 12, 2013. The rating was granted effective from that date.

The Veteran's hepatitis C was incurred during service, and the Board has granted service connection for this condition. The secondary service connection claims for chronic liver disease, hypothyroidism, anemia, and chronic fatigue with stress, depression, anxiety, and poor immune response are also granted.

The Board has remanded the Veteran's claims for service connection due to incomplete records and need for further examination.

The Veteran's hepatitis C is found to be etiologically related to active duty service, and the claim for service connection is granted.

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

Service connection for prostate cancer residuals was granted with a 10% initial disability rating effective from August 20, 2007. The Veteran's prostate cancer residuals included occasional urinal 'dribbling' that did not require the use of absorbent material, nocturia requiring voiding twice per night, and daytime urinary frequency requiring voiding approximately once every two to two and a half hours prior to May 28, 2013.,From May 28, 2013 onwards, service connection for prostate cancer residuals was granted with a 20% initial disability rating. The Veteran's prostate cancer residuals included ongoing urinal 'dribbling' that still did not require the use of absorbent material, nocturia requiring voiding four times per night, and daytime urinary frequency requiring voiding approximately once every one to two hours.

The Board found that new and material evidence had not been received to reopen the previously denied claims for service connection for bronchial asthma and hepatitis C.

The Board found that the Veteran's hepatitis C is at least as likely as not caused by his high-risk sexual activity during service, and granted service connection for hepatitis C.

The Veteran's hepatitis C is manifested by daily fatigue, anorexia, and hepatomegaly, which meets the criteria for a 40 percent rating.

The Veteran's hepatitis C is presumed to have been incurred during service due to his exposure to risk factors common among Vietnam-era veterans, including drug use and needle sticks. The VA examiner concluded that the onset of the condition was related to his substance abuse during service.

The Board finds that further development is required to determine the Veteran's claims for service connection for a low back disorder and hepatitis C. The current VA examinations are inadequate, and additional evidence may be needed.

The Board has remanded the case for a new opinion regarding whether hepatitis in service is related to hepatitis noted on the Veteran's death certificate. The issue remains pending.

The Veteran's claim for service connection for hepatitis and/or a liver disorder was denied as there is no evidence of a chronic disease during service, and the current condition is not presumed due to exposure to Agent Orange. The Board found that the Veteran's current liver condition is related to his past history of hepatitis B and C.

The Veteran's appeal for service connection for hepatitis C has been withdrawn. The Board grants the Veteran's claim for service connection for PTSD, finding that his fear of hostile military or terrorist activity during service is sufficient to establish a diagnosis and link between his current PTSD symptoms.

The Board has determined that additional development is needed to fully and fairly consider the Veteran's claims, including obtaining SSA records, VA treatment records, and a VA examination for his prostate disorder and hepatitis C.

The Veteran's hepatitis C has resulted in daily fatigue, malaise, and hepatomegaly. The RO granted a 30 percent rating for this condition.

The Veteran has an additional disability of appendicitis, but the hepatitis A is not considered a result of the VA colonoscopy. The Board finds that there is no evidence to support a finding of causation for the hepatitis A.

The Board has determined that additional examinations and medical opinions are needed to properly adjudicate the Veteran's claims, including for his lumbar spondylosis, nerve damage of the right wrist, and hepatitis C.

The Board denied the Veteran's claims for service connection for hepatitis C, arthritis of unspecified joints (other than the spine), and a low back disability. The claim for service connection for a lung disability was not addressed as it was remanded to reopen previously denied claims.