Liver disease (hepatitis, cirrhosis) decisions — 2016

The Board found that the Veteran's hepatitis C was not incurred in service and is not related to his military service. The preponderance of evidence does not support a finding that the condition is linked to his time in the armed forces.

The Board has determined that the Veteran does not have a current hearing loss disability or back disability, and thus cannot establish service connection for these conditions. The psychiatric disability claim is denied as there is no evidence of a current diagnosis. Service connection for hepatitis C was also denied.

The Board has determined that the Veteran's service-connected disabilities prior to September 24, 2008 did not meet or approximate the percentage requirements for entitlement to a TDIU under 38 C.F.R. § 4.16(a). However, the claim must be remanded so that it can be referred to VA's Director, Compensation Service, for initial consideration on an extra-schedular basis.

The Veteran's appeal for service connection for major depressive disorder has been dismissed as he withdrew his appeal. The case is being remanded to obtain VA treatment records and provide a VA examination for hepatitis C.

The Veteran's currently diagnosed hepatitis C was as likely as not caused by in-service immunization via air gun. The Board granted service connection for hepatitis C.

The Board found that the Veteran's cause of death (cardiopulmonary arrest, metastatic colon cancer and end stage liver cirrhosis) was not attributable to service or a service-connected disability. The preponderance of evidence did not support any connection between the Veteran's conditions and his military service.

The Veteran's hepatitis C is not shown to be related to his service, and the Board finds that it was not caused or aggravated by any service-connected disability. The other claims of service connection are denied as well.

The Board found that the Veteran's hepatitis B was not incurred during service and is not related to his military service. The remaining issues of service connection for knee meniscal tears, disc disease with chronic low back pain, sleep apnea, and shoulder rotator cuff tears were denied as well.

The Veteran's appeal for an increased rating greater than 10 percent for Hepatitis C has been withdrawn prior to the Board's decision.

The Veteran's hepatitis C has been granted service connection, but the effective date for this grant is being determined based on when the claim was filed and whether an increase in disability occurred within one year prior to the filing of the claim.

The Board has determined that the Veteran's hepatitis C is not related to his military service, including air gun inoculations received in active service. The claim for service connection is denied.

The Veteran's hepatitis C was not incurred or aggravated during his active service, and the Board finds that it is more likely due to his intravenous drug abuse and unprotected sex with multiple partners.

The Board has remanded the case for further development, including obtaining additional medical records and a VA examination. The Veteran's claim of service connection for hepatitis C remains pending.

The Veteran's HCV is currently rated at 20 percent, and the evidence does not support a higher rating based on current symptoms.

The Veteran's claims for service connection are being remanded due to the need for a VA examination and additional development of his exposure history.

The Veteran's claim for increased ratings for hepatitis B and C with portal fibrosis and cirrhosis is being remanded due to the death of the Veteran during the appeal process. The appellant needs to indicate whether she wishes to pursue the claim as a substitute or on accrued benefits.

The Veteran's Hepatitis B does not meet the criteria for a compensable rating as there are no intermittent fatigue, malaise, and anorexia symptoms. The Board finds that the Veteran's statements indicating such symptoms are not credible.

The Veteran's acid reflux/hiatal hernia and bilateral hand disability have been granted service connection, while the claim for Hepatitis A has not met the criteria.

The Veteran's hepatitis C and cirrhosis of the liver were granted service connection with effective dates earlier than November 20, 2003. The 100% disability rating for hepatitis C was also granted with an effective date of December 5, 2005.

The Board found that the Veteran's hepatitis C was not incurred in or aggravated by his military service, including due to air gun inoculations with shared needles. The preponderance of evidence does not support a finding of service connection.