Tuberculosis decisions — 2000

The Board has granted service connection for residuals of pulmonary tuberculosis and assigned a 10 percent rating, effective from June 30, 1995. The veteran's COPD is found to be secondary to her service-connected tuberculosis, and she was also granted service connection for nicotine dependence.

The veteran's gastrointestinal disorder, characterized by gastric erosions and constant epigastric pain, is now rated at the highest possible 30 percent under Diagnostic Code 7307. His low back disorder, with significant loss of motion but no severe symptoms or signs, remains at a 10 percent rating.

The Board has determined that the claims for service connection for cancer of the mouth, pharynx (throat), and pulmonary tuberculosis are not well grounded.

The Board denied the veteran's claim for an effective date prior to January 3, 1995, for a 100 percent schedular evaluation for interstitial lung disease and tuberculosis, post operative right lobectomy. The effective date was set at January 3, 1995.

The veteran's claim of service connection for a spinal condition, to include as a residual of tuberculosis, is plausible and capable of substantiation. The Board finds that the veteran's claim is well grounded.

The Board denied a compensable disability evaluation for the veteran's inactive minimal chronic pulmonary tuberculosis, finding that it has been inactive since December 1954 and there is no evidence of activity or treatment.

The Board has determined that the veteran's service-connected inactive pulmonary tuberculosis does not warrant an evaluation in excess of 30 percent.

The Board found that the veteran's PTB was not incurred in or related to active service, nor may it be presumed to have been incurred due to a period of war. The claim for service connection was denied.

The veteran's appeal for an increased evaluation of his service-connected pulmonary tuberculosis (PTB) was granted, with a rating of 30 percent effective February 18, 1992. The RO also referred the issue of service connection for a back disability to the RO for further action.

The Board found that there is no medical evidence linking the cause of the veteran's death to his military service, and denied the claim.

The Board has remanded the case for further development and review, including adjudicating a claim of clear and unmistakable error in prior rating actions and scheduling a VA examination to address the appellant's employability due to his service-connected lung disability.

The Board denied the veteran's claims for increased compensation, service connection, and compensation under 38 U.S.C.A. § 1151 for his service-connected pulmonary tuberculosis (PTB). The evidence did not support an increase in disability or a secondary condition resulting from VA treatment.

The Board has determined that new and material evidence has been submitted to reopen the claim for service connection for tuberculosis, but the claim remains denied as not well grounded due to lack of current disability.

The Board denied the veteran's claim for an effective date prior to October 2, 1997, for the grant of TDIU benefits due to service-connected disabilities.

The Board determined that none of the conditions which caused or contributed to the veteran's death were incurred in service, and thus denied the claim for service connection for the cause of death.

The Board denied the veteran's claims of service connection for multiple conditions, including a shrapnel wound to the right leg, pulmonary tuberculosis, peptic ulcer disease, nephritis, rheumatoid arthritis, poor visual acuity, hearing loss, beriberi with neuritis, and nutritional deficiency. The decision also addressed the veteran's claim for former prisoner of war (POW) status for VA benefits.

The Board has determined that the veteran's tuberculosis is not service connected as claimed, and finds no well-grounded claim for this issue.

The Board has determined that the criteria for restoration of a 100 percent disability rating for inactive pulmonary tuberculosis from August 1, 1996, through October 6, 1996, and from and after October 7, 1996, are not met under both the old and new VA Schedule for Rating Disabilities. As such, the appeal is denied.

The Board has remanded the case for compliance with prior orders and to obtain additional medical records. The veteran's service-connected pulmonary tuberculosis is being evaluated as a potential cause of death.

The Board has determined that the veteran's residuals of pulmonary tuberculosis do not warrant a rating in excess of 30 percent, as they are currently productive of severe obstructive ventilatory pattern with improvement after bronchodilator use.