Liver disease (hepatitis, cirrhosis) decisions — 2021

The Board has granted DIC benefits based on the Veteran's hepatitis C, which was related to his active-duty service. The issue of entitlement to DIC under 38 U.S.C. § 1318 is dismissed as moot.

The Board has remanded the Veteran's claims for hepatitis C and a liver disability, to include cirrhosis, as secondary to claimed hepatitis C due to lack of an examination addressing the etiology of these conditions.

The Board has granted service connection for Hepatitis C and bilateral lower extremity peripheral neuropathy, finding that these conditions are at least as likely as not caused by the Veteran's in-service needle sticks and his service-connected Hepatitis C.

The Board found that the Veteran's hepatitis C did not have its onset during active service and is not otherwise related to active service, thus denying his claim for service connection.

The Board denied the Veteran's claim for special monthly compensation for aid and attendance due to service-connected disabilities, finding that his service-connected conditions alone did not render him in need of regular aid and assistance.

The Board has remanded the claims for hepatitis C, diabetes mellitus type II as secondary to hepatitis C, and non-Hodgkin's lymphoma as secondary to hepatitis C due to inadequate opinions from the previous examiner.

The Veteran's claims for depression, bipolar disorder, hepatitis C, PTSD, and anxiety were denied as the evidence did not establish a link to service.

The Veteran's claim for service connection for sleep apnea has been denied, but his claim for service connection for cirrhosis of the liver is being remanded.,The Board will determine if the Veteran's alcohol use disorder was caused or worsened by his service-connected unspecified anxiety disorder and whether it was incurred in active service.

The Board has decided to remand the claims for hepatitis C and hepatitis B as there is insufficient evidence regarding their onset during service or their relationship to any service-connected conditions.

The Board has decided to remand the case due to a lack of a VA examination prior to the rating decision, and the need for an examination to determine if the Veteran's hepatitis C is related to his service.

The Board has dismissed the claims for service connection for heart disease, diabetes mellitus, type II, automobile or other conveyance and adaptive equipment or for adaptive equipment only. The claim for major depressive disorder is denied as there is no evidence of a nexus to service. The claim for hepatitis B remains at a noncompensable rating due to lack of symptoms.

The Board has remanded the claims for service connection for hepatitis C and TDIU due to insufficient evidence regarding the etiology of the Veteran's condition.

The Veteran's hepatitis C, status post liver transplant was rated at 30 percent prior to August 9, 2019. The Board denied an increased rating as the evidence did not show symptoms warranting a higher rating.

The Veteran's service-connected mood disorder, along with other disabilities rated at least 60 percent disabling, qualifies him for TDIU and SMC based on housebound status from March 25, 2011. However, he does not meet the criteria for SMC based on need for regular aid and attendance.

The Board has remanded the case for further development due to insufficient compliance with previous remand directives. The Veteran's claim of service connection for hepatitis C, which is secondary to a service-connected disorder (likely diabetes mellitus type II), needs additional medical opinion.

The Board has decided that the case should be returned to the AOJ for further development regarding compensation under 38 U.S.C. § 1151 for Hepatitis B.

The Veteran's hepatitis C was not manifested by 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. As a result, the Veteran's hepatitis C was rated at 20 percent from June 8, 2004.

The Veteran's appeal for service connection for sleep apnea was dismissed. The effective date for a 100% rating for Hepatitis C and the earlier effective date for a 70% rating for PTSD were denied due to lack of timely notice of disagreement or request for increase, and because it is not factually ascertainable that these ratings were warranted before the specified dates.

The Board denied service connection for various conditions, including nicotine dependency, thyroid disorder, kidney disorder, GERD, diabetes mellitus, type II, hepatitis C and its residuals, peripheral artery disease, high blood pressure, COPD, multiple myeloma, chronic anemia, coronary arteriosclerosis disease, erectile dysfunction, and back disorder. The Board found that the preponderance of evidence did not support these claims.

The Board has remanded the Veteran's claims for an initial compensable rating for service-connected hepatitis B and entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities. The issues are inextricably intertwined, so both must be addressed together.