Liver disease (hepatitis, cirrhosis) decisions — 2018

The Veteran's claims for hepatitis, acquired psychiatric disorder, and increased rating for diabetes mellitus were denied. The claim for service connection for hepatitis was not reopened due to lack of new and material evidence. Service connection for an acquired psychiatric disorder is granted. Diabetes mellitus remains at 20 percent.

The Board has remanded the case due to incomplete records and a need for further examination. The Veteran's claim will be reconsidered after these steps are completed.

The Board has determined that the Veteran's hepatitis C is etiologically related to his active duty service, and thus grants the claim for service connection.

The Veteran's death was not caused by any service-connected disability, and the Board finds that there is no evidence to support a finding of service connection for the cause of death. The Veteran had Hepatitis C which first manifested decades after separation from service.

The Veteran's death was caused by cirrhosis, hepatic encephalopathy, and ascites. The Board found no evidence linking these conditions to his service.

The claims for hepatitis C, anemia (claimed as sickle cell disease), and liver mass were previously denied due to lack of evidence linking these conditions to service. New evidence received since the previous denial does not relate any current diagnoses to service.

The Board has denied the Veteran's claims for service connection for ischemic heart disease and hepatitis A. The claim for ischemic heart disease was denied because there is no current diagnosis of the condition. The August 2012 rating decision denying hepatitis A was not found to contain CUE, as it was based on correct facts at the time. There has also been no new and material evidence received to reopen the hepatitis A claim.

The Board has reopened the claim of service connection for hepatitis C and remanded it for further development, including a VA examination to determine whether the Veteran contracted hepatitis C during his period of service.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not meet the criteria for a higher rating or service connection.

The Veteran's claims for service connection for various conditions, including a cardiovascular disorder and hypertension, secondary to hepatitis C, have been denied. The Board found that the evidence did not support these claims.

The Veteran's hepatitis B claim is being remanded for additional development, including obtaining VA treatment records and conducting an examination to determine the current severity of his condition. The TDIU claim is also inextricably intertwined with the increased rating claim and must be addressed as well.

The Veteran's hepatitis C was rated at a 40 percent evaluation from February 22, 2017. The Board found that the symptoms of daily fatigue and malaise, with intermittent nausea, minor weight loss (approximating 20 pounds on average during a flare-up), and periods of incapacitating episodes not exceeding four weeks a year warranted this rating.

The Veteran's PTSD with depressive disorder is rated at 50 percent, effective April 13, 2009. The issue of service connection for hepatitis C remains pending.

The Veteran's hepatitis B service connection is being remanded for further evaluation due to a recent hearing testimony indicating his symptoms have worsened.

The Veteran is seeking service connection for liver cirrhosis resulting from hepatitis C, which he claims was caused by air-gun inoculations during his military service. The Board has determined that additional development is needed to address the etiology of the Veteran's hepatitis C and liver cirrhosis.

The Board denied service connection for kidney cancer, liver cancer, cyst of the left breast, and a liver disorder (including hepatitis C, fatty liver, and cysts of the liver) due to lack of medical evidence linking these conditions to exposure to contaminated water at Camp Lejeune.

The Board has determined that the Veteran's hepatitis C was not incurred or aggravated during his active service and is not related to any in-service events. The claim for service connection is denied.

The Board finds that the decedent's pancreatic cancer and cirrhosis of liver were not incurred or aggravated by his period of active duty for training (ACDUTRA). Therefore, service connection for cause of death is denied. The appellant does not have a legal basis to claim death pension benefits as she did not have a pending claim at the time of her husband's death. Accrued benefits are also denied as the decedent was not entitled to any accrued benefits due and unpaid.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Englewood Community Hospital on December 11, 2013 is denied as the treatment did not constitute a medical emergency and a VA facility was feasibly available.

The Board found that the Veteran's hepatitis C was not incurred during active military service and is not presumed to have been incurred in or aggravated by service.