Tuberculosis decisions — 2007

The Board has determined that the veteran's current disabilities of pulmonary tuberculosis (PT), minimal, bilateral; degenerative arthritis of the lumbar spine; and hypertensive arteriosclerotic cardiovascular disease with light cardiomegaly are not related to service.

The veteran's pulmonary tuberculosis is inactive and does not meet the criteria for a compensable rating. The claim for higher ratings for bilateral hearing loss prior to September 7, 2006, was also denied.

The Board found that the veteran's service-connected scar did not contribute to his death from pulmonary tuberculosis, and thus denied the claim for service connection for the cause of death.

The Board denied reopening the claims for service connection for arthritis and PTB due to lack of new and material evidence.

The Board denied service connection for pulmonary tuberculosis, bronchitis, and asthma, finding that the conditions existed prior to service or were not aggravated by service.

The veteran has withdrawn her appeal regarding the issue of service connection for tuberculosis, and therefore there is no remaining issue in appellate status.

The Board has denied the veteran's claims of service connection for bilateral cataracts, dysentery, and pulmonary tuberculosis (PTB) as new and material evidence was not provided to reopen these previously denied claims.

The veteran's claim for a rating in excess of 30 percent for pulmonary tuberculosis with thoracotomy is being remanded due to incomplete pulmonary function test results. Further development, including a VA respiratory examination, is needed.

The veteran's death was not caused by a service-connected disability, and the appellant has no legal entitlement to accrued benefits or nonservice-connected death pension benefits.

The Board has determined that the veteran does not have service connection for any of the claimed conditions, including Pulmonary Tuberculosis, Arthritis, Heart Disease, Bronchitis, and Residuals of a Gunshot Wound to the Left Foot. The claims are denied.

The veteran's service-connected pulmonary tuberculosis is currently rated at 30 percent, and the Board has determined that a 60 percent rating is warranted based on current FEV-1 of 54% predicted.

The Board denied service connection for a back disability and PTB, finding no evidence of these conditions during or after service.

The Board has determined that additional development is needed to properly adjudicate the veteran's claim for service connection for COPD, including as secondary to her service-connected inactive pulmonary tuberculosis. The case will be returned to the Board for further action.

The Board finds that 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 cause of the veteran's death was pulmonary tuberculosis.

The veteran's application to reopen a previously denied claim of entitlement to service connection for PTB was received on January 16, 2002. The RO granted service connection for PTB effective January 16, 2001.,The veteran is not entitled to special monthly compensation based on inactive PTB as he was not receiving or entitled to receive compensation for tuberculosis on August 19, 1968.

The Board denied the veteran's claims for increased rating for pulmonary tuberculosis and service connection for diabetes mellitus, hypertension, and peptic ulcer disease, all of which were secondary to his service-connected pulmonary tuberculosis.

PTSD symptoms more nearly approximate a 50 percent rating.,The service-connected status post residuals of right radical orchiectomy for seminoma with embryonal carcinoma of the right testicle and atrophy of the left testicle with hypogonadism do not meet the criteria for a higher rating.,There is no evidence of a lung disorder (claimed as tuberculosis, sarcoidosis/pneumonitis, respiratory disorder, lung disorder, breathing problems, and lung cancer secondary to carcinoma of the right testicle) incurred in or aggravated by active military service. The claim may not be presumed to have been incurred in or aggravated by military service.,Chest pain is not a distinct disability for VA disability compensation purposes.,Peptic ulcer disease was not incurred in, or aggravated by, active military service. The claim may not be presumed to have been incurred in or aggravated by military service.,GERD was not incurred in or aggravated by active military service. The claim may not be presumed to have been incurred in or aggravated by military service.,Degenerative joint disease was not incurred in, or aggravated by, active military service. The claim may not be presumed to have been incurred in or aggravated by military service.,Low back pain is not a distinct disability for VA disability compensation purposes.,Claudication (also claimed as peripheral vascular disease) was not incurred in, or aggravated by, active military service. The claim may not be presumed to have been incurred in or aggravated by military service.,Obesity was not incurred in or aggravated by active military service.,Dyslipidemia is not a disability for VA disability compensation purposes.

The veteran's death was not caused by or substantially contributed to by a disability incurred in or aggravated by active duty service.

The veteran's appeal is being remanded due to the submission of additional evidence and the need for proper notice regarding disability ratings and effective dates.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for the cause of the veteran's death. The appellant is claiming that the veteran had tuberculosis during a presumptive period, which would allow for service connection.