Liver disease (hepatitis, cirrhosis) decisions — 2015

The Veteran's hypertension and hepatitis have been rated at the minimum non-compensable level throughout the appeal period, with a 10 percent rating established for both conditions since December 23, 2011.

The Veteran's service connection claims for tuberculosis, hepatitis, chronic allergic conjunctivitis of the eyes, sinusitis, and heart murmur were granted. He was also granted a noncompensable rating for bilateral hearing loss and allergic rhinitis. The claim for increased ratings for degenerative arthritis of the thoracolumbar spine, hemorrhoids, and inguinal hernia with right testicle pain is pending.

The Veteran's non-service-connected disabilities are of sufficient severity to permanently preclude him from engaging in substantially gainful employment consistent with his age, education, and occupational experience. The Board finds that the criteria for a permanent and total disability rating are met, granting non-service-connected disability pension benefits.

The Board has determined that the effective date for the grant of service connection for hepatitis C with cirrhosis of the liver is May 12, 2010.,The effective date for the grant of service connection for status post liver transplant is also May 12, 2010.

The Board has ordered a remand due to the need for an additional examination and opinion regarding the etiology of the Veteran's hepatitis C, as the current VA examiner's opinion is deemed inadequate.

The Veteran was unable to maintain substantial gainful employment from August 2006 to August 2007 due to service-connected disabilities, but has been able to obtain and maintain substantially gainful occupation since then.

The Veteran's appeal is being remanded due to the need for updated VA examinations and retrieval of additional medical records.

The Veteran's liver disease, including hepatitis C and cirrhosis, is found to be secondary to his service-connected PTSD.,The cause of the Veteran's death due to end-stage liver disease has been established.

The Board has determined that additional evidentiary development is necessary prior to the adjudication of the issues on appeal, including obtaining outstanding SSA records and private treatment records, clarifying the type and amount of SSA benefits received by the Veteran, scheduling a VA examination for homebound status or need for aid and attendance, evaluating all nonservice-connected disabilities, and readjudicating the income issue in light of special monthly pension rates.

The Veteran's CHF with cardiomyopathy and cardiomegaly, as well as his cirrhosis of the liver, are service-connected.,However, he does not have additional disabilities manifested by fatigue, shortness of breath, indigestion, or right knee/ankle pain that warrant separate service connection.

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

The Veteran's appeal is being remanded for further investigation and medical evaluation regarding his liver condition, diabetes mellitus, type II, and lung disorder claims. The RO will investigate the alleged hepatitis outbreak on USS Forrestal and provide a VA examination to determine the nature and etiology of these conditions.

The Veteran's claims for increased ratings and restoration of a rating were granted. The hearing loss disability remains noncompensably disabling, the hepatitis C is rated as noncompensably disabling with intermittent fatigue and arthralgia, and the degenerative spondylosis of L5 with spondylolisthesis of L5-S1 has been restored to 40 percent.

The Veteran's claim for service connection of hepatitis C is being remanded due to the need for a VA examination and additional medical records.

The Board has determined that there is no direct service connection for hepatitis C, as the evidence does not establish a link between the Veteran's current condition and his military service.

The Board found that hepatitis C did not have its clinical onset in line of duty and is not otherwise related to active service.

The Veteran's claim for an effective date earlier than August 16, 2012, for the grant of a 40 percent disability rating for service-connected residuals of infectious hepatitis is being remanded due to the need to obtain VA treatment records from 1965 to 1970.

The Board has determined that the Veteran's right knee disability was incurred in active service and is granted.

The Veteran's claim for an earlier effective date of hepatitis C service connection has been granted, and his initial rating in excess of 10 percent is also granted.

The Board has reopened the Veteran's claims for service connection for hepatitis C, liver cancer, a lumbar spine disability, a cervical spine disability, a bladder disability, peripheral neuropathy of bilateral lower extremities, tinnitus, and bilateral hearing loss. The appeals are granted.