Liver disease (hepatitis, cirrhosis) decisions — 2023

The Veteran's service connection for cirrhosis of the liver and hypertension is granted, with hypertension being granted due to herbicide exposure under the PACT Act. The issue of service connection for hypertension prior to the enactment of the PACT Act remains on appeal.

The Board has determined that it is at least as likely as not that the Veteran's Hepatitis C is related to his service, specifically due to unsanitary air gun vaccinations during military service. As a result, the appeal for service connection for Hepatitis C is granted.

The Veteran's hepatitis C and hair loss claims are remanded due to inadequate medical opinions.,The Veteran's OSA claim is remanded as the examiner failed to consider her prior sleep disturbances.,The Veteran's hypertension claim is remanded because the examiner did not provide a rationale for denying secondary service connection.,The Veteran's gastrointestinal disorder claim is remanded due to insufficient consideration of medical literature cited by the Veteran’s representative.,The Veteran's hearing loss and tinnitus claims are remanded as the examination results were inconsistent and the examiner failed to address relevant medical literature.,The Veteran's dizziness claim is remanded because the examiner did not consider whether her dizziness was a symptom of her service-connected headache disability or a separate disorder.,The Veteran's cervical spine, left hand, bilateral shoulder, hip, knee, and foot disabilities claims are all remanded due to inadequate examination reports that failed to address relevant medical literature and symptoms.

The Board denied the Veteran's claim for service connection for hepatitis C, finding that there was no evidence of its onset during a period of active duty or ACDUTRA/INACDUTRA. The Board also found that the condition preexisted his military service and did not worsen as a result of it.

The Veteran's claims for left shoulder condition, diabetes mellitus, type II, and acquired psychiatric disorder have been reopened. However, the claim to reopen for sleep condition, hepatitis C, and hypertension has not been successful.,Entitlement to a disability rating in excess of 20 percent for sensory and motor neuropathy of the right lower extremity is denied.

The Veteran's hepatitis C, bilateral lower extremity peripheral neuropathy, right foot disability, and back disability claims are remanded due to incomplete medical opinions. The TDIU claim is also remanded as it is inextricably intertwined with the service connection claims.

The Board has denied the Veteran's claims for service connection for hepatitis C and cirrhosis of the liver, finding that there is no evidence linking these conditions to his military service.

The Board has remanded the Veteran's claims due to insufficient evidence and need for further development. The issues include service connection for an acquired psychiatric disorder, hepatitis C, and compensation benefits under 38 U.S.C. § 1151 for right arm and shoulder conditions.

The Veteran's service connection claims for various conditions were denied as new and material evidence was not received to reopen the claims, and the current diagnoses are not related to his active duty service.

Service connection for tinnitus is granted.,Entitlement to service connection for a bilateral hearing loss disability, to include as secondary to diabetes mellitus (diabetes), is remanded.,Entitlement to service connection for cirrhosis of the liver, to include as secondary to service-connected gastroesophageal reflux disease (GERD) and peptic ulcer disease (hereinafter GERD) and/or as secondary diabetes, is remanded.,Entitlement to service connection for diabetes, to include as due to herbicide agent and pesticide / insecticide exposure, is remanded.,Entitlement to service connection for a nerve disorder, to include as due to radiation exposure, herbicide agent exposure, and pesticide / insecticide exposure, and/or secondary to diabetes, is remanded.,Entitlement to service connection for a respiratory disorder, to include residuals of a pulmonary embolism, to include as secondary to diabetes, is remanded.,Entitlement to service connection for right lower extremity peripheral neuropathy, to include as due to herbicide agent and pesticide / insecticide exposure and/or a secondary to diabetes, is remanded.,Entitlement to service connection for left lower extremity peripheral neuropathy, to include as due to herbicide agent and pesticide / insecticide exposure and/or as secondary to diabetes, is remanded.

The Board has remanded the case due to the need for further development, including obtaining SSA records and VA medical records from Philadelphia. The Veteran's service connection claims will also require new medical opinions regarding his exposure to herbicides in Vietnam.

The Board has determined that additional evidence is needed to determine the current severity of hepatitis, whether service connection for hypertension can be granted based on exposure to herbicide agents under the PACT Act, and if an acquired psychiatric disability other than PTSD or insomnia disorder are related to service. The Veteran's case will be returned to the agency of original jurisdiction (AOJ) for further action.

The Board has remanded the Veteran's claims for additional development, including obtaining National Guard treatment records and VA medical opinions regarding his claimed disabilities. The claims are not currently decided.

The Board denied the Veteran's claims for service connection for hepatitis C and compensation under 38 U.S.C. § 1151 for a left shoulder disability, finding no evidence to support these claims.

The Board has remanded the case due to insufficient medical evidence regarding the relationship between the Veteran's cause of death and his in-service service. The VA is instructed to obtain additional records, including those related to a shrapnel wound and hepatitis C, and to provide an opinion on whether there is a causal relationship.

The Veteran's claim of service connection for right shoulder bursitis has been reopened and granted. The claim of service connection for hepatitis C is remanded, as are the issues related to special monthly compensation based on need for aid and attendance.

The Board has granted the Veteran's claim for service connection for hepatitis C, finding that it is etiologically related to in-service exposure via contaminated air guns used for vaccinations.

The Veteran's petition to reopen his claim for service connection for hepatitis was granted. The Board also remanded the case due to outstanding VA treatment records and an incomplete medical opinion regarding the onset of his hepatitis.

The Veteran's appeal for service connection for a back disability and hepatitis C is remanded due to the need for additional medical examination and review of records.

The Veteran's anxiety disorder is rated at 70% effective February 4, 2013. The rating for hepatitis C remains at 100%, effective September 8, 2016.