Liver disease (hepatitis, cirrhosis) Board decisions

The reduction of the disability rating for viral hepatitis from 40 percent to noncompensable effective March 1, 2017 was improper. The prior rating of 40 percent must be restored from March 1, 2017.

The Board has remanded the case due to new evidence submitted by the Appellant's representative, which suggests possible exposure to herbicide agents other than Agent Orange and industrial de-greasers containing trichloroethylene. The AOJ is required to further develop whether the Veteran was exposed to these substances and obtain an additional medical opinion based on a more complete review of the evidence.

The Veteran's hepatitis disability has not manifested in daily fatigue, malaise, and anorexia requiring dietary restriction or continuous medication, 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 two weeks but less than four weeks during the past 12-month period. The Veteran's hepatitis disability has not manifested itself in 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. The Veteran's hepatitis disability has not manifested itself in daily fatigue, malaise, and anorexia with substantial weight loss (or other indication of malnutrition), 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 six weeks during the past 12-month period. The Veteran's hepatitis disability has not manifested itself in near-constant debilitating symptoms (such as fatigue, malaise, nausea, vomiting, anorexia, arthralgia, and right upper quadrant pain).

The Veteran's viral hepatitis is rated at 10 percent, which is the maximum schedular rating authorized for the disability under DC 7354.,The Veteran's liver carcinoma is rated at 100 percent, which is the maximum schedular rating authorized for the disability under DC 7343.

The Veteran's service-connected disabilities render him unable to secure and follow a substantially gainful occupation, which is granted as TDIU on an extraschedular basis.

The Veteran's hepatitis C is being remanded for a current VA examination to determine its severity, and his TDIU claim is also being remanded due to the potential impact on the hepatitis C rating.

The Board has denied the Veteran's claim for service connection for hepatitis C, finding that there is not enough evidence to support a link between his in-service activities and his current condition.

The Board has denied the Veteran's claim for service connection for hepatitis C, finding that there is no evidence to support a link between his military service and the condition.

The Board has dismissed all service connection claims due to the death of the appellant.

The Veteran's claim for service connection for a heart condition was denied.,The Veteran's PTSD claim resulted in a denial of an initial rating in excess of 50 percent prior to September 24, 2018 and a disability rating in excess of 70 percent thereafter. The TDIU claim was granted.

The Veteran's Hepatitis C is being remanded for a VA examination to determine the current severity of his service-connected condition, as he has not had one in over 10 years.

The Veteran's claim for service connection for a lung disorder has been withdrawn.,The Board finds remand is warranted for further development in the cases of hepatitis C and an acquired psychiatric disorder (to include PTSD).,TDIU appeal is also remanded.

The Board has granted service connection for hepatitis C, but has remanded the issue of whether new and material evidence has been submitted to reopen a claim of entitlement to service connection for an acquired psychiatric disorder.

The Board has determined that the Veteran's claims for service connection are remanded due to new and material evidence being received with respect to his hearing loss and/or ear disability, tinnitus, acquired psychiatric disabilities (including PTSD), and recurrent chronic otitis media. The other issues remain unresolved.

The Veteran's tinnitus is granted as service-connected. The cases of umbilical herniorrhaphy, hepatitis C, left ear hearing loss, and right ear hearing loss are remanded for further development.

The Veteran's claims for service connection for fatigue, a sleep disorder, and tinnitus have been denied. The claim seeking to reopen the hepatitis C service connection has also been denied.,Service connection for bilateral hearing loss and tinnitus was not granted due to lack of evidence showing entitlement prior to October 31, 2013.

The Board has dismissed the appeal due to the appellant's request for withdrawal of his appeal.

The Board has remanded the Veteran's claims for initial higher (compensable) ratings for hepatitis B and hepatitis C, as there is insufficient evidence to determine if these conditions are service-connected.

The Board has remanded the issue of service connection for cause of death due to potential secondary effects from service-connected disabilities. The Veteran's cause of death is not related to his active duty service, but may be aggravated by his service-connected conditions.

The Veteran's service-connected hepatitis C has worsened, and a new examination is needed to determine the current severity of his condition.