Citation Nr: 21013179
Decision Date: 03/08/21	Archive Date: 03/08/21

DOCKET NO. 15-02 987
DATE: March 8, 2021

ORDER

Entitlement to service connection for fatty liver is granted.

INTRODUCTION

The Veteran served on active duty from June 1995 to October 1995, from May 2002 to November 2002, and from February 2003 to July 2004.

This appeal comes before the Board of Veterans’ Appeals (Board) on appeal from a February 2014 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in San Juan, Puerto Rico.

In September 2020, the Board reopened and remanded this claim for additional development.  After the issuance of a December 2020 supplemental statement of the case, the appeal was remitted to the Board of further appellate review.

 

FINDING OF FACT

The Veteran’s fatty liver began during active service.

CONCLUSION OF LAW

The criteria for service connection for fatty liver are met.  38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303.

REASONS AND BASES FOR FINDING AND CONCLUSION

The evidence of record includes a current diagnosis of fatty liver.

In October 2020, the RO obtained an opinion from a VA examiner as to the onset of the Veteran’s fatty liver.  After reviewing the evidence of record, the examiner opined that it was at least as likely as not (a 50 percent or greater probability) that the Veteran’s fatty liver was incurred during his active duty.  In support of this opinion, the examiner provided the following rationale:

The [V]eteran’s last active duty period was from [February 14, 2003] to [July 8, 2004].  The medical records show that [a] few days after separation he was found with elevated liver enzymes on routine laboratories done at San Juan VA, and as part of work up he underwent abdominal ultrasound which showed evidence of fatty liver (less than a year after separation from service).

In this and other cases, the Board may not base a decision on its own unsubstantiated medical conclusions.  Colvin v. Derwinski, 1 Vet. App. 171, 175 (1991).  The only competent and probative opinion of record is that of the October 2020 VA examiner, which is positive to the Veteran’s claim.

As the evidence is at least in equipoise, the benefit-of-the-doubt rule applies.  Accordingly, service connection for fatty liver is warranted. 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102; see Gilbert v. Derwinski, 1 Vet. App. 49 (1990).

 

 

T. REYNOLDS

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Sean G. Pflugner, 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.