Liver disease (hepatitis, cirrhosis) decisions — 2020

The Veteran's service-connected disabilities, including his mental disorder and liver conditions, have precluded him from securing or following a substantially gainful occupation since March 2, 2015. The Board has granted the TDIU rating effective that date.

The Veteran's claim for compensation under 38 U.S.C. § 1151 for Hepatitis C has been dismissed because the Veteran died during the appeal process.

The Veteran's claim for service connection for hepatitis C and bilateral foot disorder was denied because the new evidence submitted did not relate to the issues at hand, and the preponderance of the evidence is against a finding that these conditions are related to his military service.

The Veteran's claim for service connection for a low back disorder has been reopened and granted. Service connection is also established for PTSD, but denied for Hepatitis C and cirrhosis of the liver.,Service connection was granted for PTSD based on combat exposure during service. However, service connection for hepatitis C and cirrhosis were both denied due to lack of evidence linking these conditions to service.

The Board denied service connection for liver disease and cirrhosis as there was no evidence of a current disability or any residuals from the mild liver enlargement noted at discharge.

The Veteran's claims for a compensable disability rating for bilateral hearing loss, service connection for hepatitis C, and left and right knee disabilities have been remanded due to the need for additional development.

The Board has denied service connection for COPD, emphysema, and hepatitis C. The liver cancer claim is inextricably intertwined with the hepatitis C claim and will be remanded along with it.

The Board has determined that the claims for service connection for liver cancer, hepatitis C, kidney disability, and cause of death need to be remanded due to incomplete or inadequate medical opinions.

The Board has granted service connection for the cause of the Veteran's death due to alcohol abuse and cirrhosis of the liver, which are secondary to his service-connected PTSD. The issue of DIC benefits under 38 U.S.C. § 1318 is dismissed as moot.

The Board has remanded the Veteran's claims of service connection for low back condition, Hepatitis C, and acquired psychiatric disorder due to a lack of adequate opinions from VA examiners. The examinations were not conducted as per the Board’s previous instructions.

The Board has decided to remand the case due to outstanding service treatment records and VA treatment records. The examiner is requested to review all pertinent records, including in-service and post-service medical records, to determine if there is a relationship between the Veteran's hepatitis C and his military service, as well as its role in causing or contributing to his death.

The Veteran's service-connected diabetes mellitus is found to have contributed substantially to his cause of death. The appeal for accrued benefits is denied as the claim was not filed within one year of the Veteran's death.

The Board has remanded the Veteran's claims due to insufficient evidence and the need for additional VA treatment records.

The Veteran's liver cirrhosis non-alcohol related was proximately due to his service-connected diabetes mellitus type II, and contributed substantially or materially to his death. Therefore, DIC based on the cause of the Veteran’s death is granted.

The Board has remanded the cases for further development and consideration. The Veteran's claims for service connection are not granted.

The Veteran's claims for an initial compensable rating for bilateral sensorineural hearing loss, service connection for chronic residuals of hepatitis B, gastrointestinal condition, hypertension, and a back condition are REMANDED due to the failure to obtain VA examinations as instructed in the March 2018 Board remand.

The Board denied service connection for the Veteran's right foot disability, left foot disability, and liver disease (hepatitis C), finding that there was no evidence of a nexus between these conditions and his military service.

The Board has decided to remand several claims for further evaluation, including a new VA examination for bilateral hearing loss and additional medical records for other conditions.

The Board has identified a duty to assist error in the September 2017 VA examination for hepatitis C, and therefore, the claims are remanded for further development.

The Board has granted service connection for hepatitis C and end stage liver disease. The claims of service connection for cryoglobulinemia and diabetes mellitus are remanded.