Tuberculosis decisions — 2011

The Board denied the appellant's request to reopen her claim of service connection for the cause of the Veteran's death, finding that no new and material evidence had been received since the October 2002 denial.

The Veteran's claims for service connection have been reopened, but the Board is unable to decide whether his current conditions are related to military service due to a lack of a VA examination.

The Veteran's claim for service connection for a lung disease, to include tuberculosis, and hepatitis was denied. The Board found no evidence of current diagnoses or in-service events that would support the claims.

The Veteran's service-connected far advanced inactive tuberculosis with lobectomy has prevented him from obtaining and maintaining substantially gainful employment, warranting a TDIU.

The Veteran's appeal is remanded due to the need for additional examinations and opinions regarding his hearing loss, tinnitus, and tuberculosis claims.

The Veteran's claim for service connection for a respiratory disorder (other than tuberculosis) is denied as there is no evidence of such a condition during or after her active duty.

The Board has determined that the Veteran's claims of service connection for a psychiatric disorder, tuberculosis, and sinusitis are denied as there is no competent evidence linking these conditions to his military service.

The Board found no new and material evidence to support reopening the claim, but noted that the primary causes of death (pulmonary tuberculosis and myocardial infarction) were within presumptive periods after service separation. The decision is mixed as it acknowledges some potential for reopening based on new evidence while also noting previous denial.

The Veteran's tuberculosis, hypertension, and anxiety disorder claims are denied as there is no evidence of current disabilities or a nexus to service.

The Veteran's service-connected pulmonary tuberculosis was manifested by continued disability including, dyspnea; during the active stage the Veteran's pulmonary tuberculosis exhibited moderately advanced lesions. The Board finds that a rating of 20 percent is warranted for the Veteran's pulmonary tuberculosis.

The Veteran's appeal is being remanded due to the need for additional medical records and examinations. The issues of increased evaluation for pulmonary tuberculosis, service connection for chronic obstructive pulmonary disease, lumbar spine disorder, and osteoporosis are pending.

The Board has determined that the appellant does not have active tuberculosis and therefore, cannot establish service connection for this condition. The claim is denied.

The Veteran's claim of service connection for pulmonary tuberculosis, chronic back disorder, hypertension, and diabetes mellitus secondary to PTB is reopened. However, the evidence does not support a finding that these conditions are related to active military service or any incident thereof.

The Veteran's appeal of entitlement to service connection for residuals of tuberculosis was withdrawn prior to the Board making a decision. The remaining issues have been remanded for further development.

The Board has reopened the claim for service connection for the cause of the Veteran's death due to pulmonary tuberculosis and severe malnutrition. However, it is unclear whether these conditions are related to his military service.

The Veteran's tuberculosis, which is not active but has caused shortness of breath and pulmonary function tests showing a ratio of FEV-1 to FVC from 71 to 80 percent and DLCO (SB) from 66 to 80 percent of predicted values, meets the criteria for a 10% rating under DC 4.97.

The Veteran's claims for service connection have been granted for a skin disorder (mucous patch), left ear hearing loss, right ear hearing loss, and tinnitus due to presumed exposure to herbicide agents. The remaining claims are pending.

The Board found that the service-connected pulmonary tuberculosis did not cause or contribute substantially to the Veteran's death, as there was no evidence linking these conditions to his active military service.

The Board has determined that the evidence submitted since the final January 1961 RO decision is not sufficient to reopen the claim for service connection for the cause of the Veteran's death.

The Veteran's service-connected pulmonary tuberculosis residuals are found to have contributed to the onset or hastened the progression of his fatal pneumonia, which was listed as the primary cause of death. The Board finds that the appellant has met the criteria for service connection for the cause of the Veteran's death.