Liver disease (hepatitis, cirrhosis) decisions — 2017

The Veteran's acquired psychiatric disorder, including PTSD and major depressive disorder, is not service-connected.,Hepatitis C was not contracted during service or due to a service-connected condition. The Veteran's current hepatitis C is more likely related to his intranasal cocaine use in the late 1990s.

The Board has remanded the case for additional development due to a VLJ no longer being employed by the Board. The Appellant is requested to schedule a video conference hearing before the Board at her local RO.

The Board finds that hepatitis C is related to service, and grants the Veteran's claim for service connection.

The Veteran's duodenal ulcer with hepatitis B surface antigen positivity is currently rated as 40 percent disabling, and his hepatitis C is not compensably disabling. The Board finds that neither condition warrants a higher rating.

The Veteran's left knee disorder and liver disorder have been granted increased ratings, with the left knee disorder receiving a separate rating for a tender scar.

The Veteran's hepatitis C was rated at 20 percent prior to May 8, 2014, based on daily fatigue, malaise, nausea, vomiting, arthralgia, and right upper quadrant pain with minor weight loss.

The Veteran's appeal is granted, with a disability rating of 20 percent for plantar calluses effective February 20, 2015. Service connection for heart condition and diabetes mellitus are also granted as due to herbicide exposure.

The Board has determined that the Veteran's hepatitis C did not originate in service and is not related to disease or injury during active service. Therefore, the claim for service connection for hepatitis C is denied.

The Veteran's cause of death, hepatic cirrhosis, is not related to his military service and the claim for service connection for the cause of death was denied.

The Veteran's lumbar spine disability has been rated at 20 percent since the initial rating period, and a separate 10 percent rating for left lower extremity radiculopathy is granted effective March 21, 2015.

The Veteran's service-connected hepatitis C and left ankle disability rendered him unable to secure and follow a substantially gainful occupation from October 13, 2009, to July 28, 2011. Prior to this period, his combined disability rating did not meet the criteria for TDIU.

The Veteran's appeal is being remanded for a Board hearing via videoconference. The case will be returned to the Board after the hearing.

The Board has determined that the Veteran's hepatitis C is not related to his active service and therefore denied his claim.

The Board has determined that new and material evidence has been received to reopen the claim of service connection for hepatitis C, which is now granted. The Veteran's hepatitis C is related to his intravenous drug use during service, which was linked to his service-connected PTSD.

The Veteran's death was not caused by VA medical care, and there is no evidence of negligence or fault on the part of VA. The cause of death was due to advanced cirrhosis and end-stage liver disease.

The Veteran was diagnosed with hepatitis B while on active duty and currently has a diagnosis of chronic hepatitis B infection. The Board granted service connection for hepatitis B based on the evidence showing the condition occurred during her period of active duty.

The Veteran's hepatitis C is not service-connected as there is no evidence of a current disability during or within one year after service. The Board found the VA examiner's opinion inadequate and assigned little probative weight to it. The medical evidence does not support a link between the Veteran's current hepatitis C and his in-service hepatitis A infection.

The Veteran's service-connected disabilities do not meet the criteria for a total disability rating on an extraschedular basis due to his inability to secure and follow substantially gainful employment.

The Veteran has withdrawn his appeals for increased ratings in excess of 40 percent for hepatitis C, a mood disorder due to general medical condition, and post-operative left knee injury residuals with scar residuals and traumatic arthritis.

The Board has determined that additional development is necessary before the claims can be fully adjudicated, including for a VA examination and opinion regarding the Veteran's gastrointestinal disability, hepatitis C rating, right foot condition, and lumbosacral strain.