Tuberculosis decisions — 2011

The Veteran's appeal is remanded to the RO for a videoconference hearing before the Board of Veterans' Appeals.

The Veteran's claim for reinstatement of his disability benefits was pending, and the VA granted a 10 percent rating for pulmonary tuberculosis effective October 28, 1975. The Board determined that this grant should be effective from October 28, 1975.

The Board denied the appellant's claims for service connection for chronic obstructive pulmonary disease and pulmonary tuberculosis, finding no evidence linking these conditions to his active duty or inactive duty training.

The Veteran's death was caused by pneumonia, but there is no evidence linking any of the listed conditions to his service. The Board denied the claim for service connection for the cause of death and also denied claims for accrued benefits.

The Veteran's appeal is being remanded for a new hearing before the RO, as the Veterans Law Judge who conducted his previous hearing has left the Board.

The Veteran's lung disability, previously evaluated as pulmonary tuberculosis, is not shown to meet the criteria for a higher evaluation based on FEV-1 or DLCO (SB) values.

The Board denied the application to reopen a claim of service connection for the cause of the Veteran's death, finding that new and material evidence has not been received.

The Veteran's claim for service connection for residuals of prostate cancer due to Agent Orange exposure is pending, as the January 2005 rating decision denying this claim was not final.,Service connection has been granted for asbestosis. The evidence received since the January 2005 denial includes a determination that the Veteran did not have in-country service in Vietnam and thus could not be presumed exposed to herbicides.

The Veteran's appeal is being remanded for further evidentiary development, including a supplemental medical opinion to clarify the nature of his service-connected pulmonary tuberculosis and assess his employability.

The Board has remanded the case due to incomplete development of medical records, and the Veteran's claims for service connection are now pending before the RO.

The Board has remanded the case for issuance of a Statement of the Case (SOC) regarding the issues of service connection for osteoarthritis of the lumbar spine, evaluation in excess of 30 percent for pulmonary tuberculosis, and evaluation in excess of 30 percent for angina-like chest pain. The TDIU issue is also remanded.

The Board has granted service connection for hypertension. The claims for eye disorder, right knee disorder, residuals of positive tuberculosis test, and Gulf War Syndrome are remanded for further development.

The Veteran's claim for a compensable rating for chronic pulmonary tuberculosis is being remanded due to the need for additional VA examination and review of records.

The Veteran died from cardio respiratory arrest, and the Board is remanding the case for additional development to determine if his death was caused by service-connected conditions.

The Veteran's claim for a TDIU was received on December 5, 2007. The Board found it not factually ascertainable that he was unemployable at any time between December 5, 2006 and December 5, 2007.

The Veteran's claims for increased evaluations of lumbosacral degenerative disc disease with left leg pain, and service connection for right knee disability, left knee disability, sinus disorder, and lung disorder (claimed as tuberculosis and chronic chest pain) were denied. The Veteran was not granted an evaluation in excess of 10 percent for his lumbosacral degenerative disc disease with left leg pain prior to October 29, 2009, or a rating in excess of 40 percent since that date.

The Veteran seeks service connection for a lung disorder, including tuberculosis and/or a lung lesion. The Board has determined that additional development is needed to determine the nature of any current lung disorders and their relationship to his service, including exposure to herbicides.

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 his death.

The Veteran's claim for a higher evaluation for his inactive tuberculosis of the thoracic spine, T-4 vertebra with degenerative disc disease was denied. The Board found that he did not meet the criteria for an evaluation in excess of 20 percent from September 26, 2003 to January 10, 2007, and from January 11, 2007 to June 11, 2008. The claim was also denied as he did not meet the criteria for an evaluation in excess of 20 percent since June 12, 2008.

The Board denied the reopening of the appellant's claim for service connection for the cause of her husband's death, finding that no new and material evidence had been submitted to support the claim.