Liver disease (hepatitis, cirrhosis) decisions — 2019

The Board has denied the Veteran's service connection claim for bilateral hearing loss due to a lack of evidence of current disability. The claims for loss of sense of smell, Hepatitis C, and Hepatitis B are remanded for additional development.

The Board denied service connection for the cause of the Veteran's death and denied entitlement to burial benefits. The cause of death was listed as cirrhosis of the liver, which is not considered related to service or a service-connected disability.

The Veteran's hepatitis B disability is granted with a 20% rating from July 11, 2006 to September 20, 2018. The Veteran's bilateral hearing loss disability remains at 20% since September 25, 2018.

The Veteran's claims for initial compensable ratings for osteoporosis and primary biliary cirrhosis are being remanded due to the need for additional examinations to determine their current severity.

The Board has determined that the Veteran's hepatitis C is related to service-related risk factors, including drug and alcohol abuse secondary to PTSD. The Board grants service connection for hepatitis C.

The Board has decided to remand the case due to insufficient examination and opinion regarding the Veteran's claim for hepatitis C.

The Veteran died from septic shock and cirrhosis at a non-VA facility with prior VA authorization, qualifying for nonservice-connected burial benefits.

The Board denied the Veteran's claim for service connection for chronic hepatitis as there is no current diagnosis of the condition.

The Board granted service connection for bilateral hearing loss and denied an increased rating for hepatitis C. For the former, it was found that the Veteran's current bilateral hearing loss meets VA criteria for a disability and is presumed to have been incurred in service due to noise exposure during military service. For the latter, the evidence did not meet the criteria for a 60% or higher rating as required by Diagnostic Code 7354.

The Veteran's claim for service connection for a prostate condition has been granted, making the issue moot. The Board has remanded issues related to obstructive sleep apnea, hepatitis C, erectile dysfunction (secondary to prostate cancer), and psychiatric disability other than PTSD.

The Board denied readjudication of the issues of service connection for hepatitis C, pseudofolliculitis barbae, and tinea versicolor because VA did not receive new and relevant evidence after the initial AMA rating decision in December 2018.

The Board has reopened the claim of service connection for hepatitis C and remanded the secondary service connection claims for cirrhosis of the liver and thrombocytopenic disorder.

The Board has remanded the case due to incomplete records and the need for a medical opinion regarding the nature and etiology of the appellant's Hepatitis C. The issues of service connection for Hepatitis C and entitlement to TDIU are inextricably intertwined.

The Board has partially vacated the decision regarding reopening service connection for the cause of the Veteran’s death due to new evidence. The claim is now reopened, and the case is remanded for further development including a VA opinion on whether Agent Orange exposure or PTSD contributed to the Veteran's death.

The Veteran's claims for service connection for diabetes mellitus type II and secondary service connection for cirrhosis of the liver have been granted. Diabetes mellitus type II is presumed to be related to herbicide exposure, while cirrhosis of the liver is linked to the Veteran's now-service-connected diabetes mellitus.

The Board denied the claim for service connection for the cause of the Veteran's death, finding that there was no evidence to support a relationship between the Veteran's hypertensive and atherosclerotic cardiovascular disease, kidney disease or hepatitis C and his military service.

The Board denied the Veteran's appeal of whether a substantive appeal was timely filed in response to a May 2014 Statement of the Case due to the lack of timely filing within the required 60-day period.

The Board has granted service connection for hepatitis C and an acquired psychiatric disorder, but has remanded the claims for a lower back disability and liver disability.

The Board has remanded the Veteran's claims for hepatitis C and loss of eyesight, to include as secondary to hepatitis C due to incomplete development and lack of consideration of specific risk factors.

The Veteran's claim for an initial rating in excess of 30 percent for depression was denied, and his TDIU claim was also denied.,The Veteran served on active duty from March 1977 to March 1981. His service-connected disabilities include hepatitis C rated at 40% and depressive disorder rated at 30%. The combined rating is 60%, which does not meet the criteria for a TDIU based on percentage alone.