Liver disease (hepatitis, cirrhosis) decisions — 2014

The Veteran's death was caused by a femur fracture sustained during VA treatment, which is considered to be the result of negligence or fault on the part of VA.,VA has granted benefits for the cause of the Veteran's death under 38 U.S.C.A. § 1151.

The Board has reopened the Veteran's previously denied claims of service connection for hepatitis C and a left leg disorder, but the AOJ has not yet formally adjudicated whether there is clear and unmistakable error in the August 1972 rating decision denying service connection for hallux valgus with bilateral bunions.

The Veteran's appeal is being remanded for further development, including obtaining VA treatment records and scheduling a new psychiatric examination. The issues of service connection for drug addition and hepatitis C liver condition are being held in abeyance due to their interrelation with the issue of acquired psychiatric disability.

The Veteran's left hip and bilateral foot disabilities are not service-connected. His hepatitis is service-connected, but the rating assigned is for HBV only.

The Board denied the Veteran's claims for service connection for heart disease, hypertension, alcohol abuse, and cirrhosis of the liver. The Veteran's PTSD was granted a 70% rating, but his right ear hearing loss and tinnitus were both rated as noncompensable.

The Board has determined that additional development is necessary to determine if the appellant (Veteran's spouse) is a proper claimant for reimbursement of unauthorized medical expenses incurred by the Veteran at a non-VA facility. The appeal will be remanded for this purpose.

The Veteran's appeal is being remanded for a video or travel board hearing. The issues include service connection for various conditions secondary to his service-connected acquired psychiatric disability.

The Board found no evidence of hepatitis C in service or for many years thereafter, and concluded that the Veteran's current condition is not related to his military service.

The Board finds the Veteran's hepatitis C is as likely as not attributable to his military service, specifically through air gun injections used during basic training. The medical evidence supports this finding despite some inconsistencies in the Veteran's reported risk factors.

The Board denied the Veteran's claims for service connection for a dermatological disorder and hepatitis C, finding that there was no evidence linking these conditions to his military service or exposure to herbicides.

The Board has determined that the character of the appellant's discharge is not a bar to VA benefits, other than medical care under Chapter 17. The appeal for service connection and pension claims will be remanded for further development.

The Veteran's appeal is being remanded due to his recent move and the need for a rescheduled Board hearing. The issues of entitlement to service connection for multiple disabilities are referred back to the AOJ.

The Veteran's claim for service connection for hepatitis C is being remanded due to the need for additional examination and opinion regarding the etiology of his condition.

The Veteran's hepatitis C was rated at 10% prior to January 2, 2008 and granted a 40% rating from January 2, 2008 to November 30, 2008.,A subsequent reduction in rating to 10% was granted for the period after December 1, 2008.

The Board found that the Veteran's Hepatitis C Virus did not originate during his service or for many years after it concluded and is not otherwise related to his service.

The Veteran's claim for increased ratings for his service-connected lumbar spine disability was denied. The RO granted a 40 percent rating effective August 4, 2011.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Board found that the Veteran's hepatitis C was not incurred or aggravated during active service and denied his claim for service connection.

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claim of service connection for hepatitis C. However, the claim is denied as the Veteran's current diagnosis of hepatitis C is not related to his military service due to his willful misconduct in using IV drugs.

The Veteran's claim for hepatitis C service connection is denied as there is no evidence of a chronic condition during or after service. The claims for increased ratings for left carpal tunnel syndrome and calcium chip-like deposits in the elbows are also denied, with the latter being rated at 10% due to current symptoms not meeting criteria for higher ratings. The claim for compensable rating for scar of the left cheek is pending.