Liver disease (hepatitis, cirrhosis) decisions — 2016

The Board has remanded the claims for additional development due to inconsistencies in the Veteran's reports and need for updated medical opinions.

The Veteran's death was caused by thrombocytopenia, which the VA medical opinion concluded was due to his service-connected liver disease. The Board finds that the fatal liver disease originated during service and grants service connection for the cause of the Veteran's death.

The Board has granted service connection for rhinosinusitis with headaches, and the issue of tension headaches is being reopened. The Veteran's hepatitis C claim remains pending.

The Veteran's appeal for increased ratings for hepatitis C was denied. The Board found that the criteria for an initial rating in excess of 10 percent from May 9, 2001 to April 26, 2002 and from June 14, 2005 to February 6, 2012 were not met. For the periods from April 1, 2003 to September 27, 2004 and since February 7, 2012, the criteria for an initial rating in excess of 20 percent were also not met.

The Veteran's nephrolithiasis has been rated at 30 percent since October 25, 2005. The Board finds that the Veteran met the schedular criteria for consideration of TDIU from October 25, 2005 to February 8, 2006, and from September 1, 2006 to July 21, 2011, and from September 30, 2011 to August 29, 2012. The Veteran's service-connected disabilities have resulted in unemployability during these periods.

The Veteran's claims for service connection are being remanded due to the need for a Statement of the Case (SOC) on several issues.

The Board has remanded the case due to insufficient detail in the May 2015 examination report and needs clarification on whether the Veteran's participation in sexual activity with multiple prostitutes while serving in Germany was a cause of his current hepatitis C.

The Veteran's cancer and hepatitis C were not service-connected, and there is no evidence that they were caused by in-service exposure to herbicides. The Board finds the preponderance of the evidence does not support a finding that the Veteran's service-connected condition contributed substantially or materially to his death.

The Veteran's appeal is remanded for additional development, including obtaining updated VA treatment records and scheduling a VA audiological examination. The issue of whether new and material evidence has been received to reopen his hepatitis C claim will also be scheduled for a Travel Board hearing.

The Veteran's claims for service connection for hepatitis, a nervous disorder, sleep apnea, and left knee degenerative joint disease were denied. The Board found no evidence of these conditions in service or within the presumptive period following service.

The Veteran's hepatitis C and cirrhosis with decompensated liver function have been granted initial ratings of 40 percent each, effective January 29, 2008. A separate rating for malignant hepatocellular carcinoma has also been granted.

The Board has determined that the Veteran's skin disorder and Hepatitis B were not incurred or aggravated by his active duty service, including exposure to Agent Orange. The evidence does not support a finding of service connection for these conditions.

The Veteran's claims for service connection for hearing loss, tinnitus, hypertension, hepatitis C, and degenerative joint disease of the neck were denied. The Board found that there was no evidence to support a finding of in-service injury or aggravation leading to these conditions.

The Veteran's appeal has been dismissed due to his death, and the Board decision is vacated as a result.

The Board has determined that the Veteran's hepatitis C and hepatocellular carcinoma are related to his in-service tattoo, with reasonable doubt resolved in favor of the Veteran. Service connection is granted for both conditions.

The Veteran's appeals have been withdrawn, and the cases are dismissed without prejudice.

The Board found that the Veteran's service-connected hepatitis B is not active and denied a higher disability rating.

The Board found that the Veteran's hepatitis C is not manifested by any associated fatigue, malaise, anorexia, or incapacitating episodes (including any symptoms of nausea, vomiting, arthralgia, or right upper quadrant pain). As a result, the initial compensable rating for service-connected hepatitis C was denied.

The Board found that the Veteran's hepatitis C was not manifested during his period of service and is not related to his military service. The claim for service connection for hepatitis C is denied.

The Board has granted the Veteran's service connection claim for hepatitis C, but denied his claim for cervical spine disability. The decision is mixed as it grants one issue and denies another.