Tuberculosis decisions — 2008

The Board denied a higher rating for the veteran's arrested tuberculosis of the lumbosacral spine with residual surgical fusion, finding that the evidence did not support a rating in excess of 50 percent from June 19, 2003, to September 10, 2003, and did not warrant a rating in excess of 40 percent since November 5, 2003.

The Board denied service connection for the cause of the veteran's death as neither pneumonia nor PTB was present in service or within a year of discharge, and neither is etiologically related to service.

The Board found that the veteran's service-connected tuberculosis did not cause or contribute to his death, and denied entitlement to dependent's educational assistance under 38 U.S.C. Chapter 35.

The Board denied service connection for the cause of the veteran's death, as neither pneumonia nor pulmonary tuberculosis were shown to have been related to service and there was no evidence that a service-connected disability contributed to his death.

The veteran's claim for service connection for obstructive and restrictive lung disease as residuals of tuberculosis was granted, based on new and material evidence showing a current diagnosis related to a prior tuberculosis infection during active service.

The veteran's claim for an increased rating for tuberculosis pleurisy with effusion, inactive, was denied as the evidence did not show moderately advanced lesions or other impairment of health related to his tuberculosis.

The appeal was dismissed due to the death of the appellant.

The Board denied service connection for pulmonary tuberculosis and heart disease, finding no evidence of a current diagnosis or that the conditions were related to service. The claim for beriberi was not reopened due to lack of new and material evidence.

The appeal was dismissed due to the veteran's death.

The Board denied the veteran's claims for service connection for coronary artery disease, pulmonary tuberculosis (PTB), and bronchitis. The evidence did not show a current diagnosis of any of these conditions or a causal link to his military service.

The Board has denied the veteran's claims of service connection for diabetes mellitus, pulmonary tuberculosis, hypertension and rheumatoid arthritis as new and material evidence was not presented to reopen these claims.

The Board denied the veteran's claim for an earlier effective date for service connection for depression secondary to tuberculosis, finding no document of record prior to October 31, 2001, that can be construed as a claim for this condition.

The VA denied the veteran's claim for a higher rating for his inactive pulmonary tuberculosis, stating that there is no current demonstration of active pulmonary tuberculosis and that he does not meet the criteria under DC 6721 for an increased rating.

The Board denied the claim for service connection for the cause of death, finding that the cause was not related to service-connected post-operative residuals of a herniorrhaphy.

The Board has remanded the case due to inadequate notification and duty to assist requirements, particularly regarding increased rating claims.

The Board has decided to remand the case for additional development, including obtaining medical records and scheduling a VA examination.

The Board found that the evidence did not relate to an unestablished fact necessary to substantiate the appellant's claim for service connection for the cause of the veteran's death. The additional evidence submitted since January 1994 was not new and material, thus denying reopening of the claim.

The veteran's claim for a rating in excess of 30 percent for residuals of pulmonary tuberculosis has been granted, and he is now rated at the maximum schedular rating (100%). The heart disability claim was also granted as secondary to service-connected residuals of TB.

The Board has determined 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 the veteran's death.

The veteran's appeal is being remanded for additional development, including obtaining medical records and providing VCAA notice.