Tuberculosis decisions — 2009

The Board has determined that the Veteran's pulmonary tuberculosis preexisted his service and is therefore presumed to have been present prior to service. The Board also found that the residuals of pericarditis are due to the pulmonary tuberculosis.

The Board has denied the appellant's claims for service connection for the cause of her husband's death and for DIC benefits, finding that there was insufficient evidence to support these claims.

The Veteran's claim for service connection for asthma, claimed as secondary to his service-connected sacroidosis of the pulmonary lymph nodes and tuberculosis, is being remanded due to the need to obtain additional medical treatment records from St. Vincent's Medical Center in Jacksonville, Florida and VA outpatient clinic in Jacksonville.

The Board denied the appellant's claim for service connection for the cause of her husband's death, finding that there was no legal entitlement to DIC under 38 U.S.C.A. § 1318 due to the Veteran not meeting the criteria for a total rating for at least 10 years immediately preceding his death.

The Board denied the appellant's request to reopen her claim for service connection for the cause of the Veteran's death, finding that no new and material evidence had been presented.

The Board has remanded the case due to insufficient evidence and a need for additional medical records.

The Board has determined that new and material evidence has not been submitted to reopen the claim of entitlement to service connection for chronic, inactive, reinfection type pulmonary tuberculosis.

The Board has determined that new and material evidence has not been received to reopen the claim of service connection for tuberculosis (TB). The Veteran's previous denial was based on a lack of current diagnosis, and the newly submitted evidence does not provide such a diagnosis.

The Veteran's tuberculosis has been evaluated at 10 percent since June 2002 and increased to 30 percent effective March 7, 2003. The current evaluations for Pott's disease of the thoracic spine and thoracotomy scar are also denied.

The Board denied the claim for service connection for pulmonary tuberculosis, finding that it did not manifest within three years of discharge and was not related to any aspect of service. The Veteran's death was due to pulmonary tuberculosis but he had no service-connected disabilities at the time of his death.

The Veteran is seeking a higher disability rating for his inactive service-connected pulmonary tuberculosis, and the case has been remanded due to the need for further development including a VA examination.

The Board has determined that the Veteran's service-connected pulmonary tuberculosis contributed to his death, and thus grants service connection for the cause of death.

The Veteran's claims for increased ratings and service connection were denied. The primary residual of his right navicular fracture with tenosynovitis and bone spurs is subjective pain, while pes cavus, plantar fasciitis, sinus tarsi syndrome, and tibial tendonitis are unrelated to his military service.

The Veteran's claims for service connection for high blood pressure and tuberculosis have been denied. The claim for hepatitis B remains pending as there is insufficient evidence to determine its current status.

The Veteran's appeal is being remanded for further development due to the need for a VA examination to determine if his current respiratory disability, including tuberculosis, is related to service.

The Board found that the Veteran's death was due to pulmonary tuberculosis, which is not service-connected as it did not manifest during or within three years after his discharge from service. The only service-connected condition was malaria with anemia, which did not contribute to cause of death.

The Board has denied the Veteran's claims for service connection for tinnitus, bilateral knee disorder, left ankle disorder, and PTSD. The claim for service connection for pulmonary tuberculosis was previously denied in 1955 and is not currently being reopened.

The Board found that the Veteran's pulmonary tuberculosis, which manifested in 1977, was not related to his active service and did not contribute substantially or materially to his death. The appeal is denied.

The Board denied the Veteran's claims of service connection for various conditions, including tuberculosis, liver damage and hepatitis, endocrine system damage with diabetes mellitus, sleep apnea, neuropathy of extremities, diabetic retinopathy blindness, and headaches. The decision found that new evidence did not support reopening the claim for residuals of tuberculosis, and that there was no direct service connection for any of the other conditions.

The Veteran was found to be in need of regular aid and attendance due to his service-connected disabilities, including depressive disorder, inactive pulmonary tuberculosis with left fibrous pleurisy, and secondary respiratory conditions. Accrued benefits are granted for special monthly compensation based on the need for aid and attendance.