Tuberculosis decisions — 2005

The veteran's death was not caused by, or substantially or materially contributed to by, a disability incurred in or aggravated by his active duty service. The Board found no evidence of pulmonary tuberculosis during the veteran's service and denied the claim for DIC benefits.

The Board denied the veteran's claim for service connection for pulmonary tuberculosis, finding that there was no evidence of TB during or within one year after his military service and that any current condition is not related to his active duty.

The Board has denied the veteran's claim for an increased rating for tuberculosis with thoracotomy, finding that there is no active or residual tuberculosis and attributing any decrease in pulmonary function to chronic obstructive pulmonary disease (COPD).

The Board found no evidence that the veteran's current respiratory disorders, including emphysema and COPD with a history of tuberculosis, are related to his service or any incident therein. The claim was denied.

The Board found that the cause of the veteran's death, septicemia and tuberculosis, was not related to his active service. The preponderance of evidence did not support a finding that these conditions were caused or contributed substantially or materially to cause the veteran's death.

The veteran's claim for a compensable rating for his service-connected inactive pulmonary tuberculosis is being remanded due to the need for additional medical evaluation and testing.

The veteran's sleep disorder and pulmonary tuberculosis are not service-connected. His sinusitis with allergic rhinitis is established as incurred during active duty.

The Board has ordered the RO to obtain medical records from Dr. Francisco B. Asuncion, Jr., and re-adjudicate all issues on appeal.

The veteran's claim for an earlier effective date for a 100 percent evaluation for tuberculosis was denied as there were no VA treatment records prior to July 21, 1999 that could be considered an informal claim.

The Board has granted a 60 percent rating for the veteran's service-connected pulmonary tuberculosis as of March 9, 2004. The veteran previously had a 30 percent rating.

The Board denied the veteran's application to reopen his claim of service connection for pulmonary tuberculosis, finding that new and material evidence had not been submitted.

The Board found that the veteran's death from heart failure was not caused by or related to his service-connected tuberculosis, rheumatic fever, or any other service-related condition. The appellant's and Dr. 'W.D.'s opinions were considered insufficient to establish a causal relationship.

The Board has determined that the veteran's left 4th finger disability was aggravated during service. The claim for an increased rating for TB residuals prior to August 8, 2001 is granted with a 60% rating effective March 9, 1999.

The veteran's appeal has been withdrawn before the Board could make a decision.

The Board denied the veteran's claims of entitlement to service connection for residuals of a left varicocele and rupture of a left scrotal varix, tuberculosis, and a chronic lung disorder claimed as resulting from exposure to toxic elements in service. The claim to reopen a back disorder was also denied.

The veteran's claim for service connection for tuberculosis was denied, and his claims for service connection for hemorrhoids as secondary to in-service hemorrhoids and for an initial rating of benign prostatic hypertrophy were granted with a 20% rating.

The Board has remanded the case for compliance with the VCAA duty to notify regarding the unique evidentiary requirements for service connection for PTB.

The Board found that the cause of the veteran's death was not related to his service-connected conditions, and denied both the claim for service connection for the cause of death and the DIC under 38 U.S.C.A. § 1318.

The Board denied the appellant's claims for service connection for the cause of the veteran's death, eligibility for nonservice-connected death pension benefits, and entitlement to accrued benefits. The Board found that there was no evidence linking the veteran's death to his military service or any service-connected disability.

The Board has determined that the veteran's pulmonary tuberculosis does not warrant an evaluation in excess of 30 percent, as there is no evidence of active disease and his symptoms are limited to mild to moderate dyspnea on exertion.