Tuberculosis decisions — 2007

The Board has ordered the case to be remanded again due to incomplete records from Fort Meadede and Fort Hood in 1946. The claim is being reopened based on new evidence.

The Board denied service connection for the cause of the veteran's death and eligibility for Dependents' Educational Assistance (DEA) benefits under 38 U.S.C.A. Chapter 35.

The veteran's service-connected disabilities are severe enough to suggest that he is unable to obtain or retain gainful employment, and the claim for a total rating for compensation purposes based on individual unemployability should be referred to the Director, Compensation and Pension Service.

The Board denied the veteran's claims of service connection for PTB and asthma, finding that there was no competent evidence to support these conditions during or within one year after service.

The veteran's service-connected inactive pulmonary tuberculosis does not result in any current functional impairment warranting a compensable rating. The Board finds that the decreased pulmonary function is attributable to his non-service connected coronary artery disease. Service connection for coronary artery disease cannot be granted as it is not shown by the evidence of record.

The Board finds that the veteran's death was not caused by a service-connected disability, and therefore DIC benefits under 38 U.S.C.A. § 1318 are denied.

The Board has determined that the veteran does not have a valid period of military service from 1942 to August 7, 1946 and was not a POW for VA purposes. Therefore, his claims related to this time period are denied.

The Board has determined that the veteran does not have any of the claimed conditions and therefore, service connection is denied for all issues.

The Board has determined that the veteran's service-connected pulmonary tuberculosis, which became inactive in 1955, does not result in any current residuals and therefore a rating in excess of 30 percent is not warranted.

The Board has granted a 100 percent disability rating for the veteran's tuberculosis, pulmonary and COPD. The issue of entitlement to TDIU is dismissed as moot due to the grant of a higher rating.

The Board denied the veteran's claims for service connection for bronchial asthma, duodenal ulcer disease, and pulmonary tuberculosis (PTB), finding no evidence of these conditions in service or related to service. The claim for reopening a hypertension claim was also denied.

The Board is requesting a medical opinion to determine if the veteran's service-connected lung pathology contributed to his death.

The Board found that the appellant knowingly and actively participated in preparing false evidence, resulting in her forfeiture of all rights to VA benefits.

The Board has remanded the case for additional development, including obtaining medical records and arranging for an examination if necessary. The veteran's claims for service connection will be reconsidered based on the new evidence.

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

The Board has reopened the veteran's claim of entitlement to service connection for a low back disability and granted it, finding that new evidence supports the claim. The veteran is now diagnosed with fibromyalgia syndrome, which he believes relates to his low back pain.

The Board has determined that the veteran's claimed pulmonary tuberculosis was not incurred in or aggravated by service and may not be presumed to have been incurred in service.

The Board has determined that the veteran's COPD is not related to his service-connected tuberculosis and therefore, denied the claim for service connection.

The Board has determined that the veteran does not have a current disability of active tuberculosis, and therefore cannot establish service connection for this condition.

The Board has remanded the case for further development, including obtaining clinical records and scheduling an examination to determine if the veteran's current tuberculosis or its residuals are related to service.