Tuberculosis decisions — 2009

The Veteran's service-connected respiratory problems due to lung conditions, including asthma, COPD, emphysema, and TB, are currently rated at 30 percent. The Board found that the evidence does not support a higher rating based on current disability levels.

The Veteran's appeal was dismissed due to his death during the pendency of the case.

The Board has remanded the case for additional development of the Veteran's claims, including obtaining his service treatment records and VA treatment records.

The Board has determined that the claim to reopen service connection for the cause of the Veteran's death is denied as there is no new and material evidence presented.

The appellant asserts that the Veteran's service-connected pulmonary tuberculosis caused his death in June 2006. The VA has not obtained all of the Veteran's medical records, including those from the John Cochran VAMC in St. Louis, Missouri. The case is being remanded to obtain these records and determine if the cause of death was related to service-connected pulmonary tuberculosis.

The Veteran's death was caused by aspiration pneumonia, a condition not related to his service-connected pulmonary tuberculosis. The Board is remanding the case for further development and an opinion from VA medical personnel regarding whether the Veteran's service-connected disability contributed substantially or materially to his death.

The Board has determined that the Veteran's cardiovascular disorder is not service-connected, but his service-connected pulmonary tuberculosis does interfere with his employability. The claim for a 10% evaluation based on multiple nonservice-connected disabilities is granted.

The Veteran's TDIU claim is granted as his service-connected disabilities, singly or in combination, preclude him from obtaining and maintaining substantially gainful employment.

The Board denied the Veteran's claims of service connection for right hip cellulitis, pulmonary tuberculosis, tinnitus, and a low back disorder. The claim for cognitive disorder was not addressed as it is related to an issue not involving service connection.

The Board found no evidence of hypertensive cardiovascular disease or pulmonary tuberculosis in service and denied the Veteran's claims for these conditions.

The Veteran's back disorder, heart disorder (to include hypertension), and tuberculosis were not incurred or aggravated by military service. The Board found that the Veteran's preexisting conditions existed prior to his entry into service and did not undergo a permanent increase in severity during service.

The Board has determined that new and material evidence has not been received to reopen the claim of service connection for cause of death due to pulmonary tuberculosis, as there is no evidence showing it was incurred in or aggravated by active service.

The Board denied the Veteran's claim for service connection for tuberculosis, finding that there was no evidence linking the condition to his active service.

The Board denied reopening of the claim for service connection for the cause of the Veteran's death due to lack of new and material evidence. The appellant was also not granted non-service-connected death pension benefits or accrued benefits.

The Board has remanded the case for additional development and consideration of new evidence, including a request for a new hearing. The Veteran's claims for asthma, PTSD, and pulmonary tuberculosis are being reviewed.

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

The Veteran's tuberculosis and L1 fracture of the lumbar spine claims are remanded for further development, including obtaining SSA records and a VA examination.

The Veteran's tuberculosis and PTSD claims are being remanded due to the lack of service treatment records from his recent deployment. The VA will obtain these records and then decide whether service connection can be granted for tuberculosis and PTSD based on the merits of the cases.

The Board has determined that the Veteran's claims for service connection for tuberculosis, gastroenteritis, and headaches have been denied as there is no current diagnosis of these conditions. The noncompensable rating assigned for right shoulder bursitis is also denied.

The Board found that new and material evidence had been received to reopen the claim, but denied service connection for the cause of the Veteran's death based on the merits of the reopened claim.