Tuberculosis decisions — 2010

The Veteran's appeal for increased ratings for residuals of a right wrist fracture and pulmonary tuberculosis was denied. The evidence did not meet the criteria for a higher rating under the applicable diagnostic codes.

The Board has reopened the claim for service connection for the cause of the decedent's death due to new and material evidence submitted since the last denial. However, the Board found that there is no medical evidence linking the decedent's PTB to his military service or a service-connected disability.

The Veteran's request for a computer and associated training under the provisions of Title 38, United States Code, Chapter 31 was denied as it is not considered necessary to achieve independent living.

The Veteran's service-connected pulmonary tuberculosis with thoracotomy residuals have been rated at 60 percent since April 8, 2004. The most recent pulmonary function tests showed mild obstructive ventilatory impairment not responsive to bronchodilator therapy with severe air trapping and increased airway resistance.

The Board has determined that the evidence received since the September 1979 rating decision does not raise a reasonable probability of substantiating the claim of service connection for the cause of the Veteran's death.

The case is being remanded for additional development, including obtaining records of the Veteran's tuberculosis treatment in 2001 and his terminal hospitalization at Veterans Memorial Medical Center in Quezon City.

The Veteran's death was not caused by or substantially contributed to by a disability incurred in or aggravated by active duty service.

The Board is remanding the case for compliance with the terms of the Joint Motion, including providing VCAA notice to address the bases of prior denial of claims in September 1974 and the evidentiary requirements to reopen those claims on both direct and secondary bases.

The Board has remanded the case due to scheduling issues and will handle any additional development or other appropriate actions expeditiously.

The Board denied the claim for service connection for the cause of the Veteran's death, finding no new and material evidence to reopen the claim.

The Veteran's lung disability, previously evaluated as pulmonary tuberculosis, was increased to a rating of 60 percent effective May 3, 2006. Prior to that date, the disability picture more nearly approximated a DCLO level between 40 and 55 percent of predicted.

The Board has determined that the evidence received since the July 1977 rating decision does not relate to an unestablished fact necessary to substantiate the claims for tuberculosis and undiagnosed pulmonary lesion, parenchymal and perihilar adenopathy. Therefore, these claims cannot be reopened.

The Board has granted service connection for the cause of the Veteran's death, finding that his service-connected tuberculosis substantially contributed to his heart failure and subsequent death.

The Board found that new and material evidence had not been received to reopen the claim of service connection for the Veteran's cause of death, as the submitted evidence did not relate his heart attack or pulmonary tuberculosis to his active service.

The Veteran's death was not caused by a service-connected condition, and there is no evidence that any service-connected disability contributed to his death. The Board denies the claim for service connection for the cause of death.

The Board found that the submitted evidence was neither new nor material, and thus denied the appellant's application to reopen a claim of entitlement to service connection for the cause of the Veteran's death.