Liver disease (hepatitis, cirrhosis) Board decisions

The appeal for service connection of non-Hodgkin's lymphoma and liver fibrosis and cirrhosis is dismissed due to procedural defects in the docketing process.

The Board has determined that the Veteran's claims for service connection for Non-Hodgkin's Lymphoma and Hepatitis B should be remanded due to a duty-to-assist error related to obtaining an examination and opinion regarding the etiology of these conditions, as well as the need to obtain a TERA memorandum.

The Board has denied the Veteran's claims for service connection for right knee disability, left knee disability, and hepatitis C due to lack of evidence showing a direct relationship between these conditions and his military service.

The Veteran's hepatitis C was granted a rating of 60 percent from May 31, 2013 to August 6, 2019. SMC at the intermediate rate between 38 U.S.C. § 1114(l) and (m) was also granted for this period.

The Board has granted service connection for hypertension, polycythemia vera (polycythemia), and a liver condition to include hepatic and portal vein thrombosis, anemia, cirrhosis, and Budd Chiari syndrome. The conditions are found to be related to the Veteran's in-service exposure to jet fuel.

The Veteran's claims for service connection for hearing loss, tinnitus, adjustment disorder, and hepatitis C were not submitted prior to the effective dates assigned in their respective rating decisions.,An initial compensable rating for hearing loss prior to July 30, 2020, was denied. From July 30, 2020, a rating in excess of 80 percent for hearing loss is denied.

The Board has remanded the case due to a need for additional medical opinions regarding service connection for hepatitis C, specifically addressing whether it is related to the Veteran's active military service and/or his conceded toxic exposure risk activities at Camp Lejeune.

The Veteran's claim for an earlier effective date for hepatitis service connection is denied as the earliest date of entitlement to benefits arose on December 15, 2010.

The appeal for service connection of a liver disability (claimed as hepatitis, to include hepatitis C) is dismissed due to the invalidity of the Notice of Disagreement submitted by the Veteran.

The Veteran's claims for increased ratings and TDIU are denied as his symptoms do not meet the criteria for higher disability ratings.

The Veteran's service-connected disorders, including lumbar spine DJD and bilateral knee DJD, have rendered him unable to secure or follow a substantially gainful occupation since May 12, 2006. Effective dates for TDIU and DEA are granted as of that date.

The Board denied the Veteran's claims for effective dates before April 25, 2017, for service connection of hepatitis C and cirrhosis due to lack of a formal or informal claim prior to that date.

The Veteran's claim for compensation under 38 U.S.C. § 1151 for an infection, status post total right knee replacement is denied because he did not have a current disability characterized as an infection of the right knee during the claim period.

The Veteran's bilateral hearing loss was rated as noncompensable, and the appeal for an increased rating is denied.,There is no current diagnosis of hepatitis C during the appeal period, and service connection for this condition is not granted.

The Board has decided to remand the claim of service connection for Hepatitis C due to a pre-decisional duty to assist error, as there is insufficient evidence regarding the etiology of the Veteran's condition.

The Veteran's service-connected disabilities, including hepatitis B infection, prostate cancer with voiding dysfunction, PTSD, and various neuropathies, have rendered him in need of regular aid and attendance due to his physical limitations. The Board has determined that the criteria for SMC based on the need for regular aid and attendance are met.

The Board has granted the Veteran's claim for service connection for sleep disturbed breathing as secondary to his service-connected hepatitis with depression.

The Veteran's claims for service connection for cirrhosis and prostate cancer, both linked to exposure at Camp Lejeune, are denied as the evidence does not support a causal relationship between these conditions and his military service.

The Board has remanded the claim of service connection for hepatitis C due to a lack of an adequate medical opinion and the need for further examination.

The Veteran's service connection claims for chronic renal disease, cirrhosis of the liver with portal hypertension and hepatitis C, depression, flat feet, allergic rhinitis, and hypertension have been granted. The effective date is March 25, 2020, for all claims except for chronic renal disease, which has an effective date of March 25, 2020. A 60 percent rating is assigned for left lower extremity radiculopathy from January 30, 2020.