Liver disease (hepatitis, cirrhosis) decisions — 2017

The Board has remanded the case for additional development, including obtaining medical records and providing a VA examination to determine the etiology of the Veteran's hepatitis C and congestive heart failure.

The Board denied the Veteran's claim for service connection for hepatitis C, finding that new and material evidence had not been received to reopen his previously denied claim. The Veteran was diagnosed with hepatitis C in 2009 but there is no evidence of a diagnosis or treatment during active service.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining his service personnel records and a VA examination. The exposure basis is attributed to contaminated water at Camp Lejeune.

The Veteran's hepatitis C and cirrhosis have been rated at 20 percent since May 20, 2015. The rating has not changed from the previous determination.

The Veteran's claims for PTSD and hypertension have been dismissed as withdrawn during a Board hearing. The claim of residuals of hepatitis C has not been reopened due to lack of new and material evidence.

The Veteran's appeal is being remanded to the RO for scheduling a Board videoconference hearing and issuance of a Statement of the Case (SOC) regarding his hepatitis C and PTSD initial rating issues.

The Board found that none of the Veteran's service-connected disabilities were either the principal or contributory cause of his death, and thus denied the claim for service connection for the cause of death.

The Veteran's appeal is being remanded for a personal hearing before a Veterans Law Judge. The issues include reopening claims for various conditions, but the status of some claims and service connection theory are unknown.

The Board has denied the Veteran's claims for service connection for hepatitis C, Non-Hodgkin's lymphoma, and diabetes mellitus as they are not related to his active duty.

The Veteran's claim for TDIU prior to September 24, 2008 was denied as his combined disability rating did not meet the minimum threshold requirement for an award of TDIU under 38 C.F.R. § 4.16(a).

The Board has determined that the Veteran's hepatitis C did not have onset during active service and is not otherwise related to active service. The preponderance of evidence supports a finding that his hepatitis C was due to in-service IV drug use, which constitutes willful misconduct.

The Board denied service connection for hepatitis C and the Veteran's claim to reopen was granted. The Board found that there is no evidence of hepatitis C in service, and the medical opinion concluded that it is less likely than not related to active duty.

The Board has remanded the Veteran's claims for additional development, including obtaining VA treatment records and clarifying any SSA disability benefits claims related to his service connection claims. The Veteran will be provided a new VA opinion on hepatitis C and an SSOC addressing all issues.

The Board has remanded the case due to a need for a medical opinion regarding whether the Veteran's hepatitis C is related to his in-service diagnosis of infectious hepatitis. The claim will be readjudicated after obtaining this information.

The Board has determined that the Veteran does not have a right knee disorder and denied service connection for it. The claim of entitlement to compensation under 38 U.S.C.A. § 1151 for a left foot disorder due to VA treatment is also denied.,Service connection was denied for PTSD, an acquired psychiatric disorder (Bipolar Disorder), hepatitis C, and a right knee disorder.

The Veteran does not have a current or past diagnosis of any form of hepatitis, to include hepatitis C. The Board finds that the preponderance of the evidence is against the claim of service connection for hepatitis on a direct basis and denies it.

The Board has determined that the Veteran's cryptogenic cirrhosis is related to his in-service exposure to Agent Orange, and therefore grants service connection for this condition.

The Veteran's claim for SMC based on aid and attendance or housebound status is being remanded due to the need for additional VA treatment records and a VA examination.

The Veteran's hepatitis B disability is rated at 20 percent since the entire period on appeal, with no higher rating granted.

The Veteran's hepatitis B and bilateral sensorineural hearing loss have not resulted in any incapacitating episodes or significant functional impairment, warranting a noncompensable disability rating.