Tuberculosis decisions — 2010

The Board has determined that new and material evidence has not been received to reopen the claim of entitlement to service connection for residuals of inactive tuberculosis with lobectomy. As such, the claim is denied.

The Veteran's death was not due to a service-connected disability, and there is no evidence of total disability permanent in nature resulting from a service-connected disability at the time of his death. Therefore, the appellant does not meet the conditions for eligibility for survivors' and dependents' educational assistance under Chapter 35.

The Veteran's lung disability, tuberculosis residuals, and scar from a biopsy are being remanded for additional development to ensure all relevant medical records have been considered.

The Board denied the Veteran's claim of service connection for tuberculosis as there is no current diagnosis and no evidence of a chronic condition within three years after discharge.

The Veteran's respiratory disability results in a Forced Expiratory Volume (FEV-1) of at least 45 percent of predicted value, a Forced Vital Capacity (FEV-1/FVC) of at least 86 percent predicted, and Diffusion Capacity of the Lung for Carbon Monoxide by the Single Breath Method (DLCO) (SB) of at least 48 percent predicted, with no cardiovascular complications, episodes of acute respiratory failure, or requirement of oxygen therapy. The criteria for an initial rating in excess of 60 percent have not been met.

The Veteran's appeal is being remanded for additional notification and development, including providing VCAA notice, conducting an examination to determine the severity of his service-connected disabilities, and ensuring that all evidence has been considered.

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 Board found that the Veteran's inactive pulmonary tuberculosis, moderately advanced, did not meet the criteria for a compensable rating as there was no evidence of continued disability or impairment related to the disease.

The Veteran's cause of death was not caused by a service-connected condition, and the Board denied service connection for the cause of death.

The Veteran's cause of death is related to his service-connected tuberculosis, which caused or contributed to his arteriosclerotic heart disease. The RO has requested additional medical records from the nursing home and Clinton County Hospital.

The Board has redenominated the issue of service connection for pulmonary tuberculosis, bronchiectasis, and COPD for purposes of accrued benefits to reflect that these conditions are related to the Veteran's military service. The claims were denied as there was no qualifying service for pension benefits.

The Veteran is seeking a higher rating for his service-connected pulmonary tuberculosis residuals. The case must be remanded to obtain relevant private treatment records and any potential litigation records.

The Board has reopened the claim for service connection for the cause of the Veteran's death due to new and material evidence. However, further development is needed to determine if tuberculosis was active at the time of his death and contributed to his death.

The Board has determined that the Veteran's positive PPD test during service did not result in a confirmed diagnosis of active tuberculosis, and thus does not warrant service connection for pulmonary tuberculosis.

The Veteran's death was not caused by a service-connected condition. His service-connected pulmonary tuberculosis did not play a material causal role in his death, and pneumonia did not contribute to it either.

The Board denied a claim for a disability rating in excess of 30 percent for service-connected pulmonary tuberculosis, finding that the Veteran's condition did not meet criteria for a higher rating.

The Veteran's death was not caused by or related to his service-connected inactive pulmonary tuberculosis. The Board found that the cause of death was multi-organ failure due to diabetes mellitus, and other significant conditions such as chronic obstructive pulmonary disease did not contribute substantially or materially to the cause of death.

The Board denied the appellant's claims for service connection for cause of death, nonservice-connected death pension benefits, and accrued benefits due to lack of new and material evidence for the cause of death claim, ineligibility based on the decedent's Philippine Scout service not qualifying for non-service connected pension benefits, and untimely filing for accrued benefits.

The Veteran's appeals for service connection for left shoulder disorder, arthritis, and tuberculosis have been dismissed as the appellant has withdrawn these appeals.

The Veteran's hypertension and chronic pulmonary tuberculosis are both service-connected, with the hypertension rated at 20% prior to November 29, 2001.