Tuberculosis decisions — 2003

The Board has remanded the remaining claims for service connection due to insufficient evidence, but has granted a higher initial rating of 40 percent for chronic low back pain with degenerative changes of the lumbar spine.

The Board found that the veteran's current pulmonary tuberculosis is not related to his active service and denied his claim.

The Board has granted service connection for lumbosacral strain and found that the veteran's exposure to tuberculosis is not supported by evidence. The case will be returned to the RO for further development regarding the issue of tuberculosis.

The Board has ordered further development due to the need for additional evidence. The case is now being remanded for a VA respiratory examination and consideration of the veteran's claim.

The Board denied the appellant's claims for dependency and indemnity compensation under 38 U.S.C.A. § 1318, as well as service connection for pulmonary tuberculosis, asthma, hearing loss, and beriberi for accrued benefits purposes due to lack of service-connected disabilities.

The Board has granted service connection for the cause of the veteran's death, finding that his service-connected residuals of pulmonary tuberculosis contributed substantially to cause his death.

The veteran's claim for a compensable evaluation for his service-connected inactive pulmonary tuberculosis is being remanded due to the need for additional development and notification under the Veterans Claims Assistance Act of 2000.

The Board has remanded the case for compliance with the Veterans Claims Assistance Act of 2000 and to consider new evidence since April 1998.

The Board found that the veteran's stomach disorder is not related to his service or his service-connected anal fissure. The HIV infection was determined to be due to drug use and a sexually transmitted disease, with no scalpel injury being considered as a cause. Tuberculosis was denied based on lack of evidence of active disease. The rating for anal fissure remains at 10%.

The Board denied the veteran's claim for service connection for the cause of his death due to pulmonary tuberculosis, which began many years after service and was not causally linked to any incident of active duty. The appeal for eligibility for nonservice-connected death pension benefits is pending.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim of service connection for pulmonary tuberculosis. The claim will be evaluated in light of all the evidence, including the newly received medical records.

The Board has denied the veteran's claims for service connection for an anxiety disorder and a rating increase for pulmonary tuberculosis. The anxiety disorder was not shown to be related to service, while the TB claim remains pending.

The Board denied service connection for various conditions, including degenerative arthritis and disc disease at C6-7, cancer, tuberculosis, a neck disorder (cervical sprain/strain), paralysis and neurological problems, bilateral ankle pain, swollen and painful joints, dizziness, throat trouble, a nervous disorder, a rectal disorder, inability to perform certain motions, lacerations to the head, face, and neck, and numbness in the upper and lower extremities.

The Board denied reopening the claim for service connection of pulmonary tuberculosis, and denied all other issues on appeal.

The Board denied the appellant's claim to reopen her service connection for the cause of the veteran's death due to insufficient medical evidence, and she did not submit new and material evidence.

The Board denied service connection for emphysema and a non-compensable evaluation for inactive pulmonary tuberculosis, finding that the veteran's conditions were not caused by or aggravated by his military service.

The Board has remanded the case for additional development, including VA examinations and consideration of revised rating criteria.

The Board has determined that the veteran's sarcoidosis with inactive pulmonary tuberculosis and chronic obstructive pulmonary disease does not meet the criteria for a disability rating higher than the currently assigned 60 percent.

The Board has reopened the veteran's claim for service connection for a lung disorder, to include pulmonary tuberculosis and the residuals thereof. The issue of entitlement to compensation benefits pursuant to 38 U.S.C.A. § 1151 for a lung disability due to surgical treatment received at a VA Medical facility is also pending.

The Board found that the veteran's tuberculosis was not incurred in or aggravated by service and denied his claim.