Liver disease (hepatitis, cirrhosis) decisions — 2019

The Veteran's claims for fibromyalgia, hepatitis-C, psoriatic arthritis, and related issues are being remanded due to the need for additional development. The effective dates for hepatitis-C and psoriatic arthritis in the hands are also being remanded.

The Board has remanded the case due to insufficient evidence regarding the etiology of hepatitis C, specifically whether it is related to in-service tattoos and air gun inoculations. The Veteran's service records show a diagnosis of hepatitis B during service, but no direct link to his current condition.

The Board has determined that the Veteran's NASH is attributable to his service, specifically during his second period of active duty from March 2003 to February 2004. Service connection for NASH is granted.

The claims to reopen service connection for various conditions have been granted. The specific disabilities are autoimmune disorder, fibromyalgia, IBS, residuals of cysts removal from the left ankle, numbness and neuropathy in the left thigh, Hashimoto's thyroiditis, pre-cancerous polyps, arthritis, NASH, and a heart condition.

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

The Board has remanded the claims of service connection for hepatitis C and a bilateral ankle disability due to insufficient communication with the Veteran.

The Veteran's GERD and Hepatitis B are currently rated at 10 percent, and the Board has ordered a remand to obtain treatment records and request authorization for additional medical records.

The Veteran's claims for service connection for a heart disorder, hepatitis C, chronic lumbar spine disorder, and chronic right shoulder disorder have all been denied. The Board found no evidence of current disabilities or in-service incurrence or aggravation that would support these claims.

The Veteran's death was caused by hepatitis, which is a service-connected condition. Therefore, the Board has granted service connection for the cause of death.

The Veteran's claim for an increased evaluation in excess of 10 percent for hepatitis C was denied as the evidence did not show symptoms warranting a higher rating.

The Veteran's claims for service connection on multiple conditions, including anemia, cirrhosis of the liver, lumbar spine condition, diabetes, duodenal malformation, esophageal condition, hypertension, psychiatric disorder (PTSD), retinopathy of the right eye, and thrombocytopenia are being remanded due to duty-to-assist errors. The Veteran is requested to provide any relevant evidence not previously submitted.

The Veteran's claim for a TDIU was denied because his combined rating of 60% does not meet the minimum percentage requirements for an award of a schedular TDIU, and there is no evidence that his service-connected disabilities have prevented him from obtaining or retaining substantially gainful employment.

The Board denied service connection for hepatitis B as there is no current diagnosis of the condition and the Veteran's positive hepatitis B antibodies were likely acquired in Korea during service, not due to a disease or injury incurred in service.

The Board has found that the July 2016 decision relied on a VA opinion that did not consider the Veteran's allegations about being inoculated with an airgun used without cleaning. The claims for hepatitis C and its secondary effects are remanded due to this issue.

The Board has granted dependency and indemnity compensation (DIC) based on service connection for the cause of the Veteran's death, finding that his liver failure was caused by in-service toxin exposure to herbicide agents. The decision is based on the presumption of exposure to herbicide agents during service.

The Veteran's claims for a higher disability rating for his depressive disorder and entitlement to TDIU are being remanded due to the need for additional development, including obtaining SSA records and VA clinical records, as well as an examination to assess the combined effects of his service-connected disabilities on his employability.

The Board has remanded the Veteran's claims of service connection for lumbar spine disorder, liver disorder (including hepatitis and cirrhosis), and acquired psychiatric disorder due to lack of compliance with previous remand directives regarding obtaining service treatment records. The case is returned to the RO for further development.

The Veteran's death was caused by liver failure due to cirrhosis, which the Board found to be related to his service. The cause of death is therefore granted.

The Board denied the Veteran's attempt to reopen her claim for service connection for residuals of hepatitis B, finding that the new evidence did not raise a reasonable possibility of substantiating the claim.

The Board has decided that the Veteran's diabetes is not proximately due to or aggravated by his service-connected hepatitis C, and thus denied service connection for diabetes. The case was also remanded for a new VA examination regarding the Veteran's hepatitis C.