Tuberculosis decisions — 2002

The Board dismissed the appeal due to the veteran's death, and thus has no jurisdiction to adjudicate the merits of this claim.

The Board denied the claim of entitlement to service connection for the cause of the veteran's death, finding that there was no evidence showing any relationship between the cerebrovascular accident and the veteran's service or a disability of service origin.

The Board found no clear and unmistakable error in the April 1955 rating decision that reduced the veteran's tuberculosis rating to 50% effective November 16, 1956, and to 30% effective November 16, 1960. The appeal is denied.

The VA determined that the veteran's moderately advanced, inactive chronic pulmonary tuberculosis does not meet the criteria for a compensable rating due to lack of evidence showing continued disability or symptoms related to the condition.

The Board denied the veteran due process of law in its March 1998 decision and vacated it. The case is now remanded for readjudication under the Hodge decision, considering new evidence submitted by J.B.

The Board denied reopening of claims for PTB, chronic heart disease, and arthritis due to lack of new and material evidence.

The Board found no evidence of a right knee disability or PTB within the scope of service and denied both claims.

The Board denied service connection for the cause of the veteran's death, finding that the conditions were not incurred in or aggravated by active service and did not contribute substantially to his death.

The Board found no evidence of active PTB in service or within three years after separation, and there is insufficient medical evidence to establish a nexus between the veteran's current PTB and his period of active duty service. Therefore, service connection for PTB was denied.

The Board has reopened the veteran's claim for service connection for pulmonary tuberculosis and found that new and material evidence has been submitted. The Board now considers whether there is a nexus between the veteran's TB and his military service.

The Board found no clear and unmistakable error in the March 1957 rating decision denying service connection for pulmonary tuberculosis. The veteran's pre-existing condition was determined to have existed prior to his induction into active service, and there was no evidence of aggravation during service.

The veteran's claim for increased pension benefits due to attaining the age of 78 was denied as he is not entitled to a 25% increase in pension benefits under the Improved pension program, which became effective on January 1, 1979. The veteran had previously received pension benefits but those were terminated before the enactment of the Improved pension program.