Liver disease (hepatitis, cirrhosis) decisions — 2018

The Veteran's hepatitis A and B have been asymptomatic throughout the appeal period, thus not meeting the criteria for an initial compensable rating.

The Board denied service connection for heart disability, esophageal disability, cirrhosis, and peripheral neuropathy of the bilateral lower extremities as these conditions resulted from alcohol abuse during service. The Veteran's claim for Total Disability Rating Based on Individual Unemployability (TDIU) was also denied.

The Veteran's service connection claims for ischemic heart disease and hepatitis C with elevated liver enzymes are granted. The decision on the ischemic heart disease claim is based on presumed exposure to herbicide agents, while the hepatitis C claim requires further examination.

The Board dismissed the appeals for hepatitis B, left leg disability, left hip disability, and lumbar spine disability as the Veteran withdrew his appeal of these issues. The rating for surgical scars associated with left knee replacement was granted at a 10% level. A TDIU from May 20, 2011, was granted.

The Board has decided to remand the case due to the need for a VA examination to determine if the Veteran's hepatitis C is related to his military service, specifically exposure to blood and dead bodies during service.

The Veteran's hepatitis C was rated at 10 percent prior to February 26, 2013 and increased to 20 percent effective February 26, 2013. The Board found that the evidence did not meet the criteria for a higher rating in either period.

The Veteran's claims for service connection for Hepatitis C and a compensable rating for bilateral hearing loss are remanded due to the need for additional development, including verification of his in-service exposure and examination.

The Board has determined that the Veteran's death was caused by his HBV infection, which is considered a service-connected condition. The Board found it at least as likely as not that the onset of the HBV occurred during his second period of active duty service.

The Veteran's appeal includes three issues: service connection for residuals of left ankle fracture with degenerative changes, initial compensable rating for Hepatitis B, and initial compensable rating for Gastroesophageal reflux disease. The decision on the service connection issue is mixed (some granted, some not).

The Veteran's hepatitis C was rated at 20 percent prior to January 6, 2010 and remains at 20 percent thereafter. The Veteran's status-post liver resection (cirrhosis of the liver, liver fibrosis, and hepatocellular carcinoma) is also rated at 20 percent.

The Board has denied the Veteran's claims of service connection for hepatitis C and a compensable rating for residuals of a fractured right fifth metacarpal. The issue of whether new and material evidence has been received to reopen the claim of service connection for neurological disability in the right hand is remanded.

The Veteran withdrew his claims for Crohn’s disease and hepatitis C, so the appeals are dismissed.

The Veteran withdrew all his pending appeals for service connection claims, including those related to kidney cancer, organic brain syndrome, migraine headaches, hepatitis C, esophageal condition (chronic esophagitis), liver cancer, melanoma, and follicular lymphoma of the breast.

The Veteran's claim to reopen his hepatitis C service connection was received on January 17, 2017. The earliest effective date for the grant of service connection is therefore January 17, 2017.

The appeal for an increased rating for tinnitus is dismissed.,New and material evidence has been received to reopen the claims of service connection for a back disability and Hepatitis C, and these claims are allowed. Further assistance is needed to determine if there is a current disability related to service.,Service connection for bilateral hearing loss disability is denied as it did not manifest in service or within the applicable presumptive period, and continuity of symptomatology is not established.,The appeal for service connection for right shoulder disability is remanded due to lack of evidence linking the condition to service.,The appeal for service connection for right ankle disability is remanded due to lack of evidence linking the condition to service.,The appeal for service connection for neck disability is remanded due to lack of evidence linking the condition to service.,Further assistance is needed to determine if there is a current disability related to service.

The Board denied the Veteran's claim for an earlier effective date for TDIU, finding that his service-connected disabilities did not result in him being unable to secure and follow a substantially gainful occupation prior to January 5, 2015.

The Veteran's bilateral hip disorder and bilateral foot disorder were not shown to be related to service.,The Veteran's gastrointestinal disorder (hiatal hernia with GERD) was not shown to be related to service.,The Veteran's gallbladder disorder with cholecystitis was not shown to be related to service.,There is no evidence of hepatitis C in service or for many years after service, and it is not linked to service.

The Board has remanded the case due to a lack of compliance with previous remand instructions regarding a VA examination for hepatitis C. The Veteran is required to undergo an additional VA examination by a physician specializing in liver disease, and his weight at the time of the examination must be compared with earlier records.

The Veteran's high cholesterol is not a disability for VA benefits purposes.,The Veteran's hepatitis C has no associated symptoms and does not meet the criteria for any compensable evaluation under Diagnostic Codes 7345 or 7354.,The Veteran’s scar, left side of face, does not meet the criteria for an increased rating as it is not manifested by visible or palpable tissue loss or characteristics of disfigurement.,The Veteran’s scar, left thigh, does not meet the criteria for any compensable evaluation under Diagnostic Code 7801.,The Veteran’s hyperpigmented scars over the right shoulder and right clavicle area do not meet the criteria for an increased rating as they are not manifested by visible or palpable tissue loss or characteristics of disfigurement.,The Veteran’s painful scars, head to toe, do not meet the criteria for an evaluation in excess of 10 percent as they are not manifested by five or more unstable or painful scars.

The Veteran's claim for service connection for hepatitis C is being remanded due to the need for a supplemental medical opinion and additional VA treatment records.