Tuberculosis decisions — 2001

The Board denied the appellant's claims for service connection for the cause of her husband's death and for Dependents' Educational Assistance (DEA) benefits. The veteran died from lung cancer, with contributing disabilities including Crohn's disease, chronic obstructive pulmonary disease, and tuberculosis. The Board found that his service-connected resection of the large and small intestines did not contribute substantially or materially to his death.

The veteran's service-connected pulmonary tuberculosis is rated noncompensable as it has been inactive for decades and does not currently produce respiratory impairment.

The Board has reopened the claim for service connection for PTB and granted it, finding that PTB was present to a degree of 10 percent disabling within three years following service.

The Board found that the cause of the veteran's death (advanced PTB, pneumothorax, and cardiac arrhythmia) was not related to military service or any presumptive exposure. The claim for service connection for the cause of death was denied.

The RO granted service connection for residuals of neck and low back injuries, but denied service connection for a right knee disability. The RO also granted noncompensable ratings for the veteran's service-connected disabilities, including bilateral hearing loss.

The Board found no service connection for the cause of the veteran's death due to lack of evidence linking his death to his military service.

The Board found that the cause of the veteran's death was not related to his military service and denied all claims, including accrued benefits and nonservice-connected death pension eligibility.

The VA has determined that the veteran's service-connected arrested tuberculosis of the right kidney does not warrant a compensable evaluation, as it is currently asymptomatic and inactive.

The Board has found new and material evidence to reopen the claim of service connection for the cause of the veteran's death, which is now considered. The underlying claim will be reviewed on its merits.

The Board has granted service connection for the cause of death due to pulmonary tuberculosis and congestive heart failure, which were not previously service-connected.

The veteran's claim for an earlier effective date for a 30 percent evaluation for pulmonary tuberculosis, moderately advanced with pleural effusion, inactive is denied. The earliest date on which the disability increased is from July 1998.

The Board has denied the veteran's claims for service connection for pulmonary tuberculosis and malaria as there is no evidence of current diagnoses or in-service incurrence.

The veteran died of cirrhosis of the liver, hepatitis, and tuberculosis. The cause of death was attributed to a bleeding peptic ulcer, which is not service-connected.

The Board denied service connection for the cause of the veteran's death due to a lack of legal merit, as the veteran did not have qualifying service.

The Board has determined that the appellant's service-connected disabilities, including coronary artery disease, bilateral pes planus, and diabetes mellitus, contribute to his need for regular aid and attendance. Therefore, the claim is granted.

The Board has reopened the veteran's claim of service connection for pulmonary tuberculosis (PTB) due to new and material evidence submitted since the final denial in December 1961. However, the claim remains denied as not well-grounded.

The Board has determined that the submitted evidence is not new and material, thus denying the reopening of the claim for service connection for the cause of the veteran's death.

The Board denied the appellant's claims for basic eligibility for nonservice-connected VA death pension benefits and entitlement to accrued benefits due to a lack of pending claims at the time of the veteran's death. The claim for service connection for the cause of the veteran's death is addressed in the remand portion.

The February 1946 rating decision denying service connection for arrested tuberculosis is not considered to involve clear and unmistakable error.,The veteran's claim for an effective date earlier than February 21, 1990, for a 100 percent rating for her service-connected psychophysiologic reaction with asthmatic bronchitis was denied as there were no prior formal or informal reopened claims before this date.

The veteran's lung disability, rated at 60 percent, is granted. The veteran also receives a total disability rating based on unemployability due to service-connected disabilities.