Liver disease (hepatitis, cirrhosis) decisions — 2019

The Board dismissed the claim for a rating increase for left hip replacement and remanded the issue of service connection for Hepatitis C.

The Board has remanded the case due to the need for additional VA clinical records, VCAA notice, and a VA examination. The Veteran's hepatitis C and hepatic steatosis may be associated with his exposure to contaminated water at Camp Lejeune.

The Board has granted service connection for hepatitis C, finding that the evidence is at least in equipoise as to whether the Veteran's current diagnosis of hepatitis C is related to an in-service blood transfusion. The case was remanded for additional development regarding TDIU.

The Board has remanded the Veteran's claims for hepatitis C service connection and TDIU due to insufficient evidence in the record.

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's claim for service connection for cirrhosis of the liver. The Veteran was exposed to hepatitis A during service, but there is no current nexus between his current diagnosis and in-service exposure.

The Board has determined that additional evidentiary development is necessary prior to the adjudication of the Appellant's claim for entitlement to benefits under 38 U.S.C. § 1151 due to a liver condition, and instructions are given to obtain a new medical opinion.

The reduction of the disability rating for viral hepatitis from 40 percent to noncompensable effective March 1, 2017 was improper. The prior rating of 40 percent must be restored from March 1, 2017.

The Board has remanded the case due to new evidence submitted by the Appellant's representative, which suggests possible exposure to herbicide agents other than Agent Orange and industrial de-greasers containing trichloroethylene. The AOJ is required to further develop whether the Veteran was exposed to these substances and obtain an additional medical opinion based on a more complete review of the evidence.

The Veteran's hepatitis disability has not manifested in daily fatigue, malaise, and anorexia requiring dietary restriction or continuous medication, or incapacitating episodes with symptoms such as fatigue, malaise, nausea, vomiting, anorexia, arthralgia, and right upper quadrant pain having a total duration of at least two weeks but less than four weeks during the past 12-month period. The Veteran's hepatitis disability has not manifested itself in daily fatigue, malaise, and anorexia with minor weight loss and hepatomegaly or incapacitating episodes with symptoms such as fatigue, malaise, nausea, vomiting, anorexia, arthralgia, and right upper quadrant pain having a total duration of at least four weeks but less than six weeks during the past 12-month period. The Veteran's hepatitis disability has not manifested itself in daily fatigue, malaise, and anorexia with substantial weight loss (or other indication of malnutrition), and hepatomegaly or incapacitating episodes with symptoms such as fatigue, malaise, nausea, vomiting, anorexia, arthralgia, and right upper quadrant pain having a total duration of at least six weeks during the past 12-month period. The Veteran's hepatitis disability has not manifested itself in near-constant debilitating symptoms (such as fatigue, malaise, nausea, vomiting, anorexia, arthralgia, and right upper quadrant pain).

The Veteran's viral hepatitis is rated at 10 percent, which is the maximum schedular rating authorized for the disability under DC 7354.,The Veteran's liver carcinoma is rated at 100 percent, which is the maximum schedular rating authorized for the disability under DC 7343.

The Veteran's service-connected disabilities render him unable to secure and follow a substantially gainful occupation, which is granted as TDIU on an extraschedular basis.

The Veteran's hepatitis C is being remanded for a current VA examination to determine its severity, and his TDIU claim is also being remanded due to the potential impact on the hepatitis C rating.

The Board has denied the Veteran's claim for service connection for hepatitis C, finding that there is not enough evidence to support a link between his in-service activities and his current condition.

The Board has denied the Veteran's claim for service connection for hepatitis C, finding that there is no evidence to support a link between his military service and the condition.

The Board has dismissed all service connection claims due to the death of the appellant.

The Veteran's claim for service connection for a heart condition was denied.,The Veteran's PTSD claim resulted in a denial of an initial rating in excess of 50 percent prior to September 24, 2018 and a disability rating in excess of 70 percent thereafter. The TDIU claim was granted.

The Veteran's Hepatitis C is being remanded for a VA examination to determine the current severity of his service-connected condition, as he has not had one in over 10 years.

The Veteran's claim for service connection for a lung disorder has been withdrawn.,The Board finds remand is warranted for further development in the cases of hepatitis C and an acquired psychiatric disorder (to include PTSD).,TDIU appeal is also remanded.

The Board has granted service connection for hepatitis C, but has remanded the issue of whether new and material evidence has been submitted to reopen a claim of entitlement to service connection for an acquired psychiatric disorder.

The Board has determined that the Veteran's claims for service connection are remanded due to new and material evidence being received with respect to his hearing loss and/or ear disability, tinnitus, acquired psychiatric disabilities (including PTSD), and recurrent chronic otitis media. The other issues remain unresolved.