Tuberculosis decisions — 2010

The Veteran's claim for a rating in excess of 30 percent for tuberculosis, pulmonary, chronic far advanced, inactive, with pleurisy and restrictive bronchitis was denied. The claim for TDIU due to service-connected tuberculosis, pulmonary, chronic far advanced, inactive, with pleurisy and restrictive bronchitis is pending.

The Board has determined that new and material evidence has been received to reopen the claim, but the reopened claim is still denied as there is no evidence linking any of the claimed conditions to service or service-connected disabilities.

The Board has decided to remand the case for further development of evidence, including obtaining service treatment records and private medical records. The Veteran's cause of death is being reviewed in light of his service-connected disability.

The Veteran's service-connected knee disability causes loss of use of both lower extremities, such that he requires a wheelchair for locomotion. As his combined disability rating is 100%, he meets the criteria for specially adapted housing but not for special home adaptation grant.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claim for service connection for tuberculosis. The claim of service connection for depression was denied as well.

The Veteran's death was not service-connected, and the claim for DIC under 38 U.S.C. § 1318 is denied as he did not meet the basic eligibility requirements.

The Board has remanded the case due to a need for additional development, including obtaining medical opinions and providing compliant notice letters.

The Board has determined that new and material evidence has not been submitted to reopen the Veteran's claim for service connection for degenerative joint disease of the left hip, including as due to tuberculosis. As such, the claim remains denied.

The Veteran's tuberculosis, inactive (no activity ever shown), with bronchiectasis, was evaluated as 30 percent disabling prior to June 1, 2010. The rating has since been increased to 100 percent effective from June 1, 2010.

The Board is considering whether new and material evidence has been submitted to reopen several service connection claims for various conditions, including obsessive compulsive depression, nasal deformity, positive tuberculosis test (claimed as pulmonary tuberculosis), costochondritis, headaches/vertigo, and abdominal pain. The disposition of these cases will be determined based on the outcome of the reopening process.

The Board found that the Veteran's COPD and PTB did not have their onset during service, were not related to a disease or injury of service origin, and therefore denied service connection for cause of death.

The Board denied the Veteran's claims for service connection for various conditions, including obstructive sleep apnea, hypertension, and residuals of tuberculosis exposure. The decision also addressed other issues such as bilateral shoulder and knee disorders, carpal tunnel syndrome, sacroiliac disorder, and tinnitus.

The Board has granted service connection for peripheral neuropathy of the upper and lower extremities, but denied service connection for tuberculosis. The Veteran's allergic rhinitis is currently rated as noncompensable.

The Board denied the Veteran's claim for an earlier effective date for a 100% evaluation for service-connected minimal inactive pulmonary tuberculosis with COPD, finding that the evidence prior to May 17, 1999 did not warrant such a rating.

The Board has determined that the Veteran does not have a current disability of tuberculosis and there is no evidence showing active tuberculosis within one year after service. Therefore, service connection for tuberculosis cannot be granted.

The Veteran's service-connected bilateral hip disability and pulmonary tuberculosis do not meet the criteria for special monthly compensation based on the need for regular aid and attendance of another person or by reason of being housebound. The claim for an effective date prior to January 26, 2000, for the grant of service connection for a bilateral hip disability is denied.

The Board found that the Veteran's tuberculosis claim was denied as there is no evidence of active disease during service or within three years following discharge. The varicose veins claim is remanded for further development.

The Board has determined that the Veteran does not have a current diagnosis of tuberculosis, and therefore service connection for this condition is denied. The remaining issues of service connection for sleep apnea and Parkinson's disease are being remanded for further development.

The Board found that the Veteran's death was not caused by a service-connected disability and denied the claim for service connection for the cause of death.

The Board denied a rating in excess of 20 percent for pulmonary tuberculosis from September 6, 1978, through January 25, 1982.