Liver disease (hepatitis, cirrhosis) decisions — 2023

The Board has remanded the cases due to newly added VA treatment records that were not previously considered, and the Veteran requested a waiver for review of these records.

The Board has remanded the case due to non-compliance with contested claims procedures, including providing S.E. and her representative with the contents of the February 2020 VA Form 9, informing them of their representation rights, and sending a copy of the December 2020 SSOC.

The Veteran's claims for increased rating for diabetes mellitus type II and service connection for bilateral toe fungus and hepatitis were denied. The Board found that the evidence did not support an increase in disability rating or a finding of service connection.

The Board has decided that the Veteran's left ankle disability is service-connected, but has remanded for further examination and opinion regarding his liver disability. The issues of service connection for both conditions are now pending.

The Veteran's claim for an effective date prior to January 7, 2020, for the grant of service connection for PTSD was denied.,Service connection for Hepatitis C was also denied.

The Board has granted service connection for chronic hepatitis C, diabetes mellitus type II as secondary to chronic hepatitis C, liver disease as secondary to chronic hepatitis C, neuropathy left foot/leg as secondary to chronic hepatitis C, and neuropathy right foot/leg as secondary to chronic hepatitis C. A 10% evaluation is assigned.

The Veteran's death was not related to service-connected disability, and he did not meet the criteria for DIC or survivor pension benefits. The Appellant also does not qualify for accrued benefits due to a lack of pending claims at the time of her husband's death.

The Board has decided to remand the case for further development regarding the severity of the service-connected hepatitis C and whether cirrhosis is at least as likely as not caused by or aggravated beyond its natural progression by service-connected hepatitis C.

The Veteran's appeal for an earlier effective date for a 40% evaluation of hepatitis C is dismissed because the appellant passed away during the pendency of the appeal.

The Board has determined that additional development is required before the claims for lumbosacral strain, cluster headaches, hepatitis B service connection, and TDIU can be decided. The Veteran's VA examinations were not conducted due to his failure to attend the scheduled appointments.

The Board has decided to remand the case due to insufficient medical opinion regarding the Veteran's hepatitis C and its relation to his service. The Veteran needs a new medical examination to determine if his hepatitis C is related to his time in active duty.

The Board has granted service connection for the Veteran's liver disability, including as due to herbicide agent exposure. The evidence is at least in equipoise that his condition is related to this exposure.

The Board granted service connection for right big toe gout and denied service connection for a right knee disability and viral hepatitis. The Veteran was diagnosed with gout during active service, but the right knee disability is considered congenital and not aggravated by service, and there is no evidence of current hepatitis.

The Veteran's appeal for an increased rating in excess of 20 percent for hepatitis C prior to July 15, 2020 is dismissed. The case is remanded for a determination on the increased rating claim for plantar keratoderma.

The Board has denied service connection for hepatitis C as the evidence does not show a relationship between current hepatitis C and active service, including no in-service risk factors or uninterrupted symptomatology.

The Board has granted service connection for hepatitis C for treatment purposes only, resolving doubt in favor of the appellant due to his testimony and medical records indicating a possible link between vaccination by inoculation gun during service and his current condition.

The Board dismissed the issue of P.G.'s eligibility to direct payment of attorney fees based on past due benefits awarded in a June 2017 rating decision for hepatitis C.

The Board has granted the claim for service connection for cause of death, finding that the Veteran's cirrhosis of the liver was related to his in-service herbicide exposure.

The Board denied the Veteran's claim for service connection for hepatitis C, finding that it was caused by his own willful misconduct involving illegal intravenous drug use during service.

The Board has dismissed the Veteran's appeals for compensation under 38 U.S.C. § 1151 for cirrhosis and a spleen disorder due to failure to provide proper medication for Hepatitis C, as well as his claims for service connection for right ear hearing loss and tinnitus. The claim for left ear hearing loss is remanded.