Liver disease (hepatitis, cirrhosis) decisions — 2016

The Veteran was granted service connection for cirrhosis of the liver effective February 12, 2010. This decision is based on new and material evidence received after prior final decisions denying his claim.

The Veteran's hepatitis C has not improved and continues to cause significant symptoms including fatigue, malaise, nausea, vomiting, and substantial weight loss. The current disability rating of 60 percent is appropriate.

The Veteran's initial compensable evaluation for liver cirrhosis was granted prior to July 30, 2010.,Starting from July 30, 2010, the Veteran received a 50% evaluation for his service-connected liver cirrhosis until September 7, 2015 when it was increased to 100%

The Veteran's death was not caused by his active duty service, and there is no evidence of a service-connected disability that contributed to his death. The cause of death was prostate cancer, sepsis, and hepatitis C.

The Veteran's appeal is being remanded for additional development to address his claims of service connection and increased evaluation, as well as his entitlement to specially adapted housing and/or special home adaptations.

The Board found that the Veteran's hepatitis C was not incurred in or aggravated by service and denied both his claim for service connection and his request for an increased rating for back disability.

The Board has determined that the Veteran's hepatitis C was not incurred in or caused by her service, and thus denied her claim for service connection.

The Board has determined that the Veteran's diagnosed hepatitis C, which caused his death from liver failure, cannot be reasonably disassociated from his active military service and has been shown to have caused or contributed substantially and materially to his death. Therefore, service connection for the cause of the Veteran's death is granted.

The Veteran's cause of death was Laennec's cirrhosis, which is not service-connected. His DM II and pancreatitis are also not service-connected as they were not shown during his active duty.

The Veteran's service connection claims for residuals of a head injury and sinus disorder were denied, while his claim for hepatitis C with cirrhosis of the liver was granted. The Veteran's hepatitis C is linked to service.

The Board found that the Veteran's current hepatitis C and lymphoma did not have onset during active service, nor were they otherwise related to his active duty. The claims for hepatitis A, B, or C are denied as there is no evidence of chronicity within one year post-service. The claim for lymphoma secondary to hepatitis was also denied due to lack of a causal link.

The Board has determined that the Veteran does not have a current diagnosis of tuberculosis, hepatitis, fatty liver disease, hyperthyroidism, or any other condition related to her service connection claim. The positive PPD skin test is not considered service-connected.

The Veteran's appeal is being remanded for a new hearing due to issues related to service connection for various conditions including heart, liver, respiratory, and dental conditions.

The Veteran's cirrhosis symptoms such as weakness, anorexia, abdominal pain and malaise are contemplated in the current 10 percent rating for hepatitis C under Diagnostic Code 7354. A separate compensable rating under Diagnostic Code 7312 would result in pyramiding.

The Board has granted service connection for malaria, hepatitis, arthritis, angina, arrhythmia, type II diabetes mellitus, and a skin condition of the legs, all presumed to be due to herbicide exposure during service.

The Veteran's hepatitis C, erectile dysfunction, and hypertension are all found to be aggravated by his service-connected diabetes mellitus. The Board has granted the Veteran a 70% rating for PTSD as of June 19, 2009.

The Board has reopened the service connection claim for hepatitis C and finds that it is related to the Veteran's in-service exposure to blood during combat service. Service connection is therefore granted.

The Veteran's request for a hearing before the Board has been scheduled, but he was not present due to his previous representative cancelling the hearing. The case is now being remanded to schedule another hearing at the St. Petersburg RO.

The Board denied the Veteran's claims for service connection for various conditions, including hepatitis C, low back disability, peripheral neuropathy, ischemic heart disease, bilateral hearing loss, and tinnitus. The decision found that new evidence had not been received to reopen the claim for hepatitis C, and that there was no credible evidence linking these disabilities to service.

The Board has remanded the case due to inadequate compliance with previous remand instructions and a need for additional medical opinions regarding the onset and etiology of the Veteran's hepatitis C.