Citation Nr: 21006850
Decision Date: 02/05/21	Archive Date: 02/05/21

DOCKET NO. 15-44 380
DATE:  February 5, 2021

REMANDED

Service connection for non-alcoholic cirrhosis of the liver (liver disability) due to ditert butyl nitrophenol (DBNP) is remanded.

REASONS FOR REMAND

The Veteran had active naval service from January 1975 to May 1977. 

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an October 2014 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). 

This case was previously before the Board. In a March 2019 decision, the Board denied the claim currently on appeal. The Veteran appealed that decision to the United States Court of Appeals for Veteran Claims (Court). In a July 2020 Order, the Court granted a Joint Motion of the parties, vacated the Board’s decision, and remanded the case to the Board for action consistent with the Joint Motion. 

In the July 2020 Joint Motion, the parties agreed that the examination relied upon by VA in denying the Veteran’s claim was inadequate. As such, a new VA examination to determine the nature and etiology of the Veteran’s disability is warranted. 

The matters are REMANDED for the following action:

1. Identify and obtain any outstanding, pertinent VA and private treatment records and associate them with the claims file. 

2. Then, schedule the Veteran for a VA examination to determine the nature and etiology of any currently present liver disability. The claims file must be made available to and reviewed by the examiner. Any indicated studies must be performed. 

The examiner must provide an opinion as to whether it is at least as likely as not (50 percent or better probability) that any liver disability had its onset during active service, or is otherwise etiologically related to such service, to include exposure to DBNP.

In forming the opinion, the examiner must consider and address all of Veteran’s liver diagnoses, including cirrhosis. Further, in forming the opinion, the examiner must address whether the Veteran’s assertion that his liver disability was caused by his exposure to DBNP during service.

The rationale for all opinions expressed must be provided. 

3. Confirm that all medical opinions provided comport with this remand and undertake any other development determined to be warranted. 

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4. Then, readjudicate the claim on appeal. If the decision is adverse to the Veteran, issue a supplemental statement of the case and allow appropriate time for response. Then, return the case to the Board.

 

 

Kristin Haddock

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	I. Umez-Eronini, Associate Counsel

The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.