Tuberculosis decisions — 2003

The Board denied the appellant's claims for service connection for the cause of her husband's death and for DIC benefits under 38 U.S.C. § 1318, finding that new and material evidence had not been presented to reopen the claim for service connection and concluding that she did not meet the criteria for DIC benefits.

The Board denied the veteran's claims of service connection for asthma, pulmonary tuberculosis, and emphysema due to a lack of evidence linking these conditions to his military service or exposure to Agent Orange.

The Board denied the veteran's claims for increased ratings for his service-connected disabilities, finding that the evidence did not meet the criteria for a compensable rating under either the old or revised VA Schedule for Rating Disabilities.

The Board has found clear and unmistakable error in the December 1970 rating decision that severed service connection for pulmonary tuberculosis. As a result, the veteran's claim of service connection is restored, and the appeal to reopen the claim is dismissed.

The Board found no evidence linking the decedent's cause of death to his military service, and thus denied both the claim for service connection for the cause of death and basic eligibility for non-service-connected death pension benefits.

The Board has determined that new and material evidence has not been received to reopen the veteran's claims for service connection for pneumonia and tuberculosis. As such, these claims remain denied.

The Board denied the veteran's claim for an increased rating for his service-connected respiratory disorder, which includes bronchiectasis, pulmonary abscess, tuberculosis, chronic pleurisy fibrosis, and pulmonary fibrosis. The appeal is based on the merits of the condition rather than any presumption or secondary service connection.

The Board found that the veteran's death was not caused by a service-connected disability, and thus denied the claim for service connection for the cause of death.

The veteran's appeal for service connection for a scar of the right hand claimed as a shrapnel wound was dismissed because it had already been granted in a prior decision.

The veteran's claims for service connection for bilateral elbow disorder, bilateral shoulder disability, cellulitis of the left thigh, and pulmonary tuberculosis were denied as there is no current evidence of these conditions. The claim for service connection for left ear hearing loss was granted as within normal limits.

The Board found that the veteran's death was not caused by his service-connected conditions, and thus denied service connection for the cause of death.

The Board has restored service connection for cause of death, finding that the February 2001 grant was not clearly and unmistakably erroneous.

The Board has reopened the veteran's claim for service connection for COPD as secondary to service connected tuberculosis, finding that new and material evidence has been presented.

The Board has reopened the claim of service connection for pulmonary tuberculosis due to new and material evidence submitted by the veteran.

The Board has determined that the claimant does not have valid military service for purposes of establishing eligibility for VA benefits, and therefore their appeal is denied.

The Board has determined that the veteran's service-connected pulmonary tuberculosis is inactive and does not currently cause any disability, including emphysema or dyspnea on exertion. Therefore, an increased evaluation for this condition is denied.

The Board denied an increased rating for residuals of service-connected tuberculosis in October 1996, finding that the correct facts were considered and no errors in application of law.

The Board denied the claim of service connection for the cause of the veteran's death, finding that there was no evidence linking his death to active service or a service-connected disability.

The Board has determined that the veteran does not have current tuberculosis, COPD or a cataract disability linked to service on any basis.

The Board denied the veteran's claims for increased evaluations for his pulmonary tuberculosis, finding that the disability did not warrant a rating in excess of 20 percent prior to February 18, 1992 and 30 percent beginning on that date.