Liver disease (hepatitis, cirrhosis) decisions — 2018

The Veteran's death was caused by liver cirrhosis due to chronic alcoholism, which is not service-connected. The Board denied the claim for service connection for cause of death.

The Board denied the Veteran's claim for service connection for hepatitis C, finding that the preponderance of evidence is against a link between his current condition and his military service.

The Veteran's appeal is remanded for additional development, including obtaining VA treatment records and scheduling new examinations to assess the current severity of his PTSD and hepatitis C.

The Veteran's claim for an increased initial rating for cirrhosis of the liver is remanded as no SOC has been issued yet. The effective date issue remains pending and will be addressed in a separate remand.

The Board denied the Veteran's claim for service connection for diabetes mellitus, finding that there was no evidence of herbicide exposure and insufficient medical evidence linking his current condition to military service.,The Veteran's claim for an earlier effective date for non-service-connected pension benefits was also denied. The Board found that there was no written communication indicating intent to file a claim prior to November 17, 2015.

The Board has determined that the Veteran's service-connected PTSD aggravated his alcohol use, leading to liver disorders and death. Therefore, service connection for the cause of the Veteran's death is granted.

The Veteran's death was not caused by service-connected disabilities, and the claim for compensation under 38 U.S.C. § 1151 is denied due to lack of evidence linking HCV or liver cancer to VA medical care.

The Veteran's service connection claim for coronary artery disease is granted due to exposure to herbicide agents in the Republic of Vietnam. The claims for hypertension, hepatitis B, kidney stones, hemochromatosis, and malaria are remanded.

Service connection for prostate cancer and diabetes mellitus, type 2 is granted. Service connection for Hepatitis C is granted with a rating of 40 percent effective January 1, 2017. The reduction from 40 percent to 10 percent was improper.

An evaluation of 10 percent for service-connected hepatitis C from June 10, 2015 is granted. The appeal for a rating in excess of 10 percent for tinnitus and tender scar, status post hernia repair is dismissed.

The Board has reopened the claims for service connection for an acquired psychiatric disability, congestive heart failure, and hepatitis C due to new and material evidence. The appeals are now remanded for further development.

The Board denied service connection for an acquired psychiatric disorder, finding that the Veteran does not have a current diagnosis of PTSD related to in-service stressors and there is no credible supporting evidence that the claimed in-service stressor occurred.,The Board also denied service connection for hepatitis C, concluding that it was related to the Veteran's intravenous drug use before, during, and after service.

The Veteran's acquired psychiatric disorder, including PTSD and Major Depressive Disorder, is granted as service-connected. Service connection for Hepatitis C remains denied.

The Veteran's claim for service connection for hepatitis C has been reopened due to the submission of new and material evidence. The case is being remanded for further review.

The Board denied the Veteran's claims of service connection for hepatitis C and an increased rating for diabetes mellitus, type II. The Board found that there was no evidence to support a finding of direct service connection for hepatitis C or that regulation of activities due to diabetes required in order to grant a higher disability rating.

The Board has decided to remand this case due to incomplete medical records and insufficient opinions regarding whether Oxycontin use caused or aggravated the Veteran's liver and kidney disease, leading to his death.

The Board denied service connection for Hepatitis C as the evidence does not support a finding that it began during or was caused by military service.

The Board has remanded the Veteran's claims of service connection for bilateral hearing loss, tinnitus, lumbar spine disability, and hepatitis C due to incomplete history provided by the VA examiner in March 2012. The issues are now inextricably intertwined as they all relate to his active duty service from June 1970 to June 1973.

The Board has decided to remand the Veteran's claims for service connection for Hepatitis C, an acquired psychiatric disorder including PTSD, and entitlement to a total disability rating based on individual unemployability (TDIU) due to insufficient evidence. The claims will be further developed as outlined in the decision.

The Veteran's hepatitis C disability is currently rated at 10 percent and the Board finds that a higher rating is warranted. Additionally, the Veteran has raised a claim for TDIU in conjunction with his hepatitis C disability.