Liver disease (hepatitis, cirrhosis) Board decisions

The Board has determined that the Veteran's care at Baptist Medical Center Beaches on August 26, 2009 was rendered during a medical emergency and VA facilities were not feasibly available. Therefore, payment or reimbursement of unauthorized medical expenses is granted.

The Veteran's claim for service connection for hepatitis C is being remanded due to the failure to report for a VA examination scheduled on March 22, 2011. The Veteran will be given another opportunity to undergo an appropriate VA examination.

The Veteran's claims for defective hearing, residuals of hepatitis A, dyspepsia, and plantar fasciitis were all granted. The initial evaluation for the left foot condition was increased to 10 percent effective April 14, 2011.

The Veteran's claims of service connection for an acquired psychiatric disability and hepatitis C are being remanded due to the need for additional development, including obtaining records from Kuwe Hospital in Okinawa, Japan, and arranging for a VA examination.

The Board found no evidence of a service connection for hepatitis C and associated liver disability, as the Veteran's only risk factor was sexual contact with an individual who had been diagnosed with hepatitis C. However, the medical evidence showed that he was first diagnosed with hepatitis C approximately 18 years after his military service ended, which is not considered a valid basis to grant this claim.

The Board has remanded the case for further examination and opinion regarding whether the Veteran's service-connected hepatitis C caused or aggravated his cirrhosis of the liver.

The Board found that the appellant's hepatitis C was not incurred in or aggravated by active service and is more likely a result of his own intravenous drug use.

The Board found that the Veteran's hepatitis C was not due to carelessness, negligence, or similar instance of fault on the part of VA in 2001 and/or 2006. Therefore, the claim for compensation under 38 U.S.C.A. § 1151 is denied.

The Veteran's granulomatous hepatitis, with hepatosplenomegaly, is currently rated at 10 percent and the Board finds that this rating adequately reflects his current symptoms.

The Veteran's claim for non-service-connected disability pension was granted with an effective date of December 7, 2004. The Board found that the hospitalizations he experienced were due to willful misconduct and did not qualify as sufficiently incapacitating to prevent him from filing a claim.

The Veteran's hepatitis C is manifested by near-constant debilitating symptoms such as fatigue, malaise, and weakness, including right side abdominal pain and tenderness. The Board has granted a 100 percent schedular rating for the service-connected HCV.

The Veteran's appeal is being remanded to the RO for scheduling a Travel Board hearing at the RO. The issues include reopening his claim of service connection for sterility and various other conditions.

The Veteran's service-connected Hepatitis C with cirrhosis is not shown to meet the criteria for a higher rating than 40 percent.

The Board has dismissed the appeal due to the Veteran's death, and no jurisdiction remains to adjudicate the merits of the case.

The Board found no evidence to support the Veteran's claims of service connection for a back disability, hepatitis C, and left ankle disability. The VA examiners concluded that these conditions are not related to his military service.

The Veteran's appeal is being remanded due to scheduling issues for a Travel Board hearing. The claims for service connection and TDIU are still pending.

The Veteran does not have a current liver disability that is attributable to his military service, and the Board finds no evidence linking his cirrhosis to any in-service exposure or injury.

The Board found that the veteran's hepatitis C did not have its onset during service and was not aggravated by service, thus denying his claim for service connection.

The Veteran's claims for bilateral hearing loss, tinnitus, hepatitis C and a right knee disorder have all been denied.,There is no evidence of any current disabilities related to these conditions.

Service connection is granted for hepatitis C and liver cancer, both found to be related to service-connected conditions.,The Veteran's diabetes mellitus remains a separate issue not addressed in this decision.