Liver disease (hepatitis, cirrhosis) decisions — 2014

The Veteran withdrew his appeals for the claims of diabetes, peripheral neuropathy, PTSD, and hepatitis C during the October 2013 hearing on appeal.

The Board denied the Veteran's claim for a compensable evaluation for his service-connected recurrent infectious hepatitis, finding that there were no symptoms or incapacitating episodes to warrant any rating higher than zero percent.

The Veteran's claim for service connection for hepatitis is being remanded due to the need for a VA examination to determine if he has current diagnoses of hepatitis or chronic residuals thereof, and whether these conditions are related to blood transfusions received in service.

The Board has determined that the Veteran's current hepatitis C is not related to his service, specifically due to a lack of objective evidence linking it to the hepatitis he was diagnosed with in-service. The VA examiner concluded that the current hepatitis C is more likely than not related to the Veteran's intravenous drug use after service.

The Veteran's appeal is being remanded for further development, including obtaining medical records and scheduling examinations to determine the current severity of his hearing loss, PTSD, and hepatitis C.

The Veteran's appeal for an initial rating in excess of 40 percent for intervertebral disc syndrome with degenerative arthritis changes has been withdrawn. The remaining issues on appeal will be remanded for further development.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and SSA disability determination records. A VA examination will be conducted to assess the need for aid and attendance or housebound status due to service-connected disabilities. The issues of special monthly compensation (SMC), special monthly pension (SMP), and nonservice-connected pension will also be addressed.

The Board has determined that the Veteran's current cirrhosis of the liver and heart condition are not related to his service at Camp Lejeune, and have denied both claims.

The Board has reopened the Veteran's claims for service connection for hepatitis C and an acquired psychiatric disorder, to include PTSD. The case is now remanded for additional development including VA examinations.

The Board has reopened the claim of service connection for hepatitis C and granted it, finding that new evidence received since the March 2006 rating decision is sufficient to reopen the case.

The Board has determined that the Veteran's cause of death is attributable to his service-connected antiphospholipid syndrome, which was incurred in service and caused his thrombophlebitis and liver disease.

The Veteran's hepatitis C is currently evaluated at 40 percent, but does not meet the criteria for a higher evaluation as there are no symptoms that warrant a rating of 60 or 100 percent.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and contacting the Social Security Administration.

The Veteran's appeal was dismissed due to their death during the pendency of the appeal.

The Board denied the Veteran's appeal because his Substantive Appeal was not timely filed, and thus he did not have a valid appeal as to the issues of prostate cancer service connection and whether new and material evidence had been received to reopen hepatitis C.

The Board dismissed the motion alleging clear and unmistakable error in their August 2010 decision, finding that the moving party did not meet the pleading requirements for a CUE claim.

The Board found no evidence of hepatitis C during service or post-service, and the Veteran's current diagnoses of hepatitis A and B are not related to his military service. The examiner did not address whether hypertension is related to herbicide exposure.

The Board found that the Veteran's hepatitis C was initially diagnosed in 1998, more than two decades after separation from service. The clinician opined that there is no credible evidence to support the Veteran's allegation of non-sterile needles being used for over 100 soldiers.,There is insufficient evidence to establish a link between the Veteran's hepatitis C and his military service.

The Veteran's appeal was dismissed due to his death. The Board has no jurisdiction to adjudicate the merits of the appeal as he died during its pendency.

The Board has determined that new and material evidence has not been presented to reopen the claim for service connection for hepatitis C. The Veteran's current diagnosis of hepatitis C is attributed to illegal drug use during service, which precludes him from obtaining benefits based on this exposure. Service connection for a lumbosacral spine disability was also denied as there is no competent or credible evidence showing that it is related to service.