Tuberculosis decisions — 2007

The April 1986 rating decision denying service connection for PTSD is not considered CUE.,The veteran's claim for an earlier effective date for the grant of PTSD is denied as it is barred by finality.

The VA determined that the veteran's tuberculosis has been inactive since 1955 and does not currently cause any disability, thus denying his claim for an increased rating.

The Board has denied the veteran's claim for an increased rating for service-connected pulmonary tuberculosis, finding that there is no current evidence of active tuberculosis and attributing his respiratory impairment to non-service connected chronic obstructive pulmonary disease (COPD).

The Board found that the cause of the veteran's death, Koch's disease or pulmonary tuberculosis, was not present in service or for many years after service and was not related to service. Therefore, the claim for service connection for the cause of death is denied.

The Board denied an increased rating for tuberculosis and the residual conditions of pulmonary surgery, finding that the veteran's current service-connected inactive tuberculosis does not warrant a higher rating due to his development of COPD with chronic bronchitis and emphysema.

The Board denied the reopening of a claim for service connection for the cause of the veteran's death, finding that new and material evidence had not been presented to support the claim.

The Board denied the veteran's claims of service connection for a left foot cyst, tuberculosis, and bilateral knee disability. The claim for an initial rating for a scar of the dorsum of the left foot was granted with a 10% rating effective June 8, 2006.

The Board denied the veteran's claims for service connection for a sinus disorder and whether new and material evidence has been submitted to reopen his claim of entitlement to service connection for pulmonary tuberculosis.

The Board has determined that the veteran's service-connected chronic, minimal, inactive pulmonary tuberculosis (PTB) with emphysema warrants a 30 percent rating.

The Board found that the veteran's death was not caused by a disability incurred or aggravated in service, and thus denied the claim for service connection for the cause of his death.

The Board has determined that the veteran's service-connected conditions did not cause or contribute to his death from lung cancer.

The Board has determined that there is no currently diagnosed disability etiologically related to the positive PPD test in 1957, and thus service connection for pulmonary tuberculosis cannot be granted.

The veteran's service-connected pulmonary tuberculosis, inactive, does not alone preclude him from securing or following a substantially gainful occupation.

The veteran is seeking to reopen his claim for service connection for tuberculosis. The case must be remanded due to inadequate notice and the veteran's request for a hearing.

The Board denied claims of service connection for various conditions, including malaria, pulmonary tuberculosis (PTB), and heart disease. The veteran's claims were not reopened due to lack of new and material evidence.

The veteran's tuberculosis pleurisy with effusion, inactive is being remanded for further evaluation and consideration of the appropriate rating criteria.

The Board found that the veteran's pulmonary disorder, to include tuberculosis, was not incurred in or aggravated by military service and may not be presumed to have been incurred therein. Therefore, the claim for accrued benefits based on this condition was denied.

The veteran did not establish service connection for any disability during his lifetime, and therefore DIC benefits under 38 U.S.C.A. § 1318 are denied.

The Board denied the appellant's claims for service connection for cause of death, eligibility for VA benefits as a veteran, and entitlement to burial benefits due to her spouse having served in the New Philippine Scouts rather than active military service.

The Board found that the veteran's respiratory disability did not meet the criteria for a 100 percent evaluation prior to December 11, 2000. Therefore, the effective date of the 100 percent rating cannot be earlier than December 11, 2000.