Tuberculosis decisions — 2012

The Veteran's claim for a compensable evaluation for his chronic minimal inactive pulmonary tuberculosis has been denied. His service-connected valvular heart disease is currently rated at 30 percent, and he seeks an initial evaluation in excess of this amount.

The Board has reopened the claim of service connection for tuberculosis and granted entitlement to service connection for hepatitis C. The Veteran's current respiratory symptoms, including shortness of breath and chest pain, are related to his in-service exposure to tuberculosis.

The Board has denied the appellant's claim for service connection for her husband's cause of death, finding that new and material evidence had not been submitted. The RO is instructed to provide proper VCAA notice and to consider all relevant evidence before readjudicating the claim.

The Veteran's claim for an increased rating for his service-connected inactive pulmonary tuberculosis with left fibrothorax is being remanded due to the need for additional development, including obtaining VA outpatient treatment records and scheduling a VA examination.

The Veteran's claims for service connection for a bilateral eye disorder, back disorder, and tuberculosis have been denied. New and material evidence has not been received to reopen the claims for back disorder and tuberculosis.

The Board found that the Veteran's inactive pulmonary tuberculosis, which was diagnosed and treated during his military service, has remained inactive since approximately 1962. There is no evidence of a current disability related to this condition or any additional disabilities such as bronchitis and emphysema.

The Veteran's death was not caused by a service-connected disability, and the appellant is not entitled to DIC benefits under 38 U.S.C.A. § 1318.

The Veteran's tuberculosis claim is denied as there is no current diagnosis. The reductions in disability ratings for COPD and sinusitis are also denied due to lack of evidence showing improvement or change in the disabilities.

The Veteran's service-connected tuberculosis of the right kidney does not meet the criteria for a compensable rating due to lack of active disease and no significant residual symptoms.

The Board has reopened the Veteran's claims for service connection for various conditions, but has not reached a final decision on their merits. The Veteran's tuberculosis was denied as not having been incurred in or aggravated by his active duty service.

The Veteran's appeal is being remanded due to incomplete service treatment records and the need for additional VA examinations. The claims will be reconsidered based on all available evidence.

The Veteran's claims for malaria and PTB with pneumonitis were previously denied, and new evidence does not reopen these claims. The claim for chest pain was denied as there is no medical evidence linking the current disability to service.

The Board denied reopening the claim for service connection for the cause of the Veteran's death due to lack of new and material evidence, as the previous denial was based on the absence of a link between the conditions causing death and service.

The Veteran's service-connected disabilities alone were not shown to prevent him from obtaining and maintaining all forms of substantially gainful employment consistent with his educational and occupational background prior to December 22, 2008. The criteria for a TDIU are therefore denied.

The Board has remanded the case due to a procedural issue with the notice of disagreement and the need for appropriate action by VA following receipt of the appellant's November 1991 notice of disagreement.

PTB was not demonstrated in service or at any time thereafter. The Veteran's claims for other conditions were also denied.

The Board has determined that a new VA examination is necessary to determine the current severity of the Veteran's service-connected pulmonary tuberculosis, inactive, moderately advanced. The issue will be remanded for this purpose.

The Veteran's appeal of service connection for a condition to account for her heart murmur has been withdrawn. The Board is granting service connection for residual scars from an abdominoplasty and cesarean sections, as well as inactive tuberculosis.

The Veteran's claim for service connection for a respiratory disability, including tuberculosis and an asbestos-related disease, is denied as there is no evidence of a current disability or a link to service.

The Veteran's claim for an earlier effective date for the grant of service connection for COPD associated with his pulmonary tuberculosis is being remanded due to further development needed. The claims for increased ratings and TDIU are also being remanded.