Liver disease (hepatitis, cirrhosis) decisions — 2016

The Veteran's hepatitis C was found to have been incurred in service, with doubt resolved in his favor. The Board also finds that the Veteran has a current acquired psychiatric disorder (PTSD) and respiratory disorders (COPD and residuals of pneumonia), which are related to service.

The Board found that the Veteran's claimed conditions are not related to his service or service-connected condition, and thus denied all claims for service connection.

The Board found no evidence of a chronic liver disease, including hepatitis C or cirrhosis, while the Veteran was on active duty or for many years thereafter. The Veteran's main contentions regarding his liver disease and residual complications being related to events during service were not supported by medical opinion.

The Veteran's hepatitis C did not meet the criteria for a higher rating as her symptoms were limited to daily fatigue and malaise without weight loss or hepatomegaly, requiring dietary restriction or continuous medication.

The Board denied the claims for service connection for hearing loss, hepatitis C, liver disease, residuals of a head injury, and psychiatric disability. The decision also reopened the claim for service connection for hearing loss but found no new and material evidence to support reopening the other claims.

The Veteran's bilateral hearing loss disability is currently rated at the maximum schedular level of 50 percent, effective September 27, 2012. The right knee disability was also granted a higher evaluation to 20 percent effective October 2, 2012.

The Board has remanded the case due to a VLJ not participating in the hearing and scheduling a new hearing before the Board.

The Veteran's PTSD caused occupational and social impairment with reduced reliability and productivity from August 20, 2007 to January 25, 2011. From January 26, 2011, the criteria for a 70 percent schedular disability rating were met.

The Veteran's prostate condition, including prostatitis and prostate cancer, is presumed to be due to in-service exposure to herbicide agents. The Board finds service connection for this condition is granted.

The Veteran's appeal is being remanded for additional development, including scheduling a hearing before the Board of Veterans' Appeals.

The Veteran's appeal has been dismissed due to his death. The Board does not have jurisdiction to adjudicate the merits of this appeal as he has passed away.

The Veteran's claim for an increased disability rating in excess of 70 percent for generalized anxiety disorder and depression has been granted, effective from February 23, 2009.

The Veteran's claim of entitlement to service connection for hepatitis C was granted in a January 2016 rating decision, which assigned an initial evaluation of 40 percent effective from September 23, 2015. The Board dismissed the appeal as there is no longer any allegation of error of fact or law concerning this issue.

The Board denied the Veteran's claims of service connection for hypertension, diabetes mellitus, coronary artery disease, and hepatitis C due to lack of evidence of herbicide exposure in Germany.

The Veteran's PTSD symptoms have been rated at 30 percent since July 14, 2009. The Board has determined that the Veteran is entitled to a higher rating of 70 percent for his PTSD due to occupational and social impairment with deficiencies in most areas. His hepatitis C claim was denied. The Veteran's TDIU claim was granted.

The VA determined that the Veteran's hepatitis C is related to his intravenous drug use during service, which constitutes willful misconduct and thus precludes service connection.

The Veteran's service-connected disabilities do not preclude him from securing and following substantially gainful employment.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining SSA records and VA treatment records. The AOJ will also request a VA examination in connection with his 38 U.S.C.A. � 1151 claim for perirectal abscess and fistula.

The Veteran had hepatitis A in service that resolved shortly after separation. The VA examiner concluded the Veteran does not currently have a current hepatitis disability or residuals.

The Veteran's appeal is being remanded for additional development, including obtaining a VA medical opinion regarding the etiology of hepatitis C and scheduling him for a VA audiological examination to determine the current severity of his bilateral hearing loss.