Citation Nr: 21031519
Decision Date: 05/24/21	Archive Date: 05/24/21

DOCKET NO. 16-23 643
DATE: May 24, 2021

REMANDED

Entitlement to service connection for a liver disability, to include cirrhosis and hepatitis, is remanded.

REASONS FOR REMAND

Entitlement to service connection for a liver disability is remanded.

The Veteran contends that he is entitled to service connection for a liver disability because the claimed disability in the result of active service.  A January 2020 VA examination found that the Veteran did not have a diagnosed disability.  In December 2020, the claim was remanded to address an October 2014 medical finding of cirrhosis of the liver that occurred during the pendency of the examination.  The remand requested that the examiner to address the October 2014 finding and opine whether any cirrhosis was related to active service.

In a January 2021 VA examination the examiner provided a negative opinion citing that there was no diagnosed liver disability and that "there is no documentation in the Veteran file regarding a liver concern, issues, or treatment of during service."  The examiner did not address the October 2014 VA treatment record noting cirrhosis.  In fact, the examiner indicated that diagnostics for elevated liver test were not reported until January 2020.  The examiner also diagnosed hepatitis C, but did not provide any further information as to whether that was related to the claimed liver disability.  Therefore, there has not been substantial compliance with the remand requests regarding the claimed disability.  Therefore, remand is required for a complete opinion.  Stegall v. West, 11 Vet. App. 268 (1998).

The matters are REMANDED for the following action:

Schedule the Veteran for a VA examination with a medical doctor examiner who has not previously examined the Veteran in conjunction with this claim.  The examiner should opine as to the nature and etiology of any liver disability, to include the cirrhosis of the liver mentioned in the VA treatment record from October2014.  The examiner must review the claims file, and a complete history should be elicited from the Veteran.  Any tests and studies deemed necessary by the examiner should be conducted.  All findings should be reported in detail.  The examiner should identify any pertinent pathology found and should diagnose any liver disability, to include the cirrhosis of the liver mentioned in the VA treatment record from October 2014.  As to any pertinent liver disability, to include cirrhosis, identified on examination, the examiner should opine whether it is at least as likely as not (50 percent probability or more) that liver disability had its onset in service, was aggravated by service, or is otherwise related to any incident of service.  The examiner should opine whether diagnosed cirrhosis of the liver was related to service, even if it has resolved because that condition manifested during the period of pendency of the claim.  The examiner should also opine whether it is at least as likely as not (50 percent or greater probability) that the hepatitis C diagnosed at the January 2021 VA examination is related to service or any incident of service.  Any opinion expressed must be accompanied by a complete rationale.

 

Harvey P. Roberts

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	K. Cross, 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.