Tuberculosis decisions — 2012

The Board has determined that the Veteran's current breathing difficulties are due to his non-service-connected chronic obstructive pulmonary disease (COPD), not his service-connected inactive tuberculosis. As a result, he is not entitled to a compensable rating for his service-connected tuberculosis.

The Veteran has withdrawn his appeal for service connection for a lung disability, including as due to herbicide exposure.

The Veteran's appeal is being remanded for scheduling a hearing before a Veterans Law Judge at his local RO.

The Veteran's claim for service connection for headaches has been reopened, and the evidence now supports this claim.,The Veteran's claims for service connection for flat feet, an acquired psychiatric disorder (major depression with psychosis), and hypertension have also been reopened. The evidence now supports these claims as well.

The Board finds that the Veteran's pulmonary tuberculosis is currently manifested by continued disability, including emphysema and dyspnea on exertion, warranting a 20 percent rating. The criteria for higher ratings are not met.

The Veteran's claims for service connection for a heart disorder and exposure to tuberculosis were denied as there is no current disability related to these conditions.

The Board has granted service connection for rib resection residuals of tuberculosis and assigned an effective date of April 26, 2006. The Veteran's claim for a higher rating remains pending.

The Veteran's claims for service connection and compensation under 38 U.S.C.A. � 1151 have been denied as no new or material evidence was submitted to support the presence of the claimed conditions.

The Board has determined that the Veteran's claim for service connection for COPD must be developed and adjudicated by the originating agency before deciding the issue on appeal. The case is being remanded to allow this development.

The Veteran's claim for an increased rating for pulmonary tuberculosis, moderately advanced and inactive, has been denied as the evidence does not support a higher disability rating.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the current severity of his service-connected inactive pulmonary tuberculosis with a tender thoracotomy scar.

The Board has decided to remand the case for additional development, including obtaining medical records and scheduling a VA examination.

The Board has remanded the case due to issues related to the character of service and several service connection claims. The appeal is pending further development.

The Board denied reopening both claims for non-service connected pension and service connection for pulmonary tuberculosis, finding that the submitted evidence was not new or material.

The Veteran's service-connected inactive pleurisy and tuberculosis with effusion did not cause his death or contribute to the cause of his death. The Board found that emphysema, which was listed as the immediate cause of death on the certificate, is more likely due to his lifelong heavy cigarette smoking.

The Veteran's appeal is being remanded for additional development, including obtaining updated medical records and scheduling a VA examination to assess the current severity of his service-connected inactive TB residuals. Additionally, he must be provided with an SOC regarding the issues of increased ratings for bilateral onychomycosis, diabetes mellitus, and peripheral neuropathy as well as service connection for hallux valgus.

The Veteran's claims for an increased evaluation for TB on an extraschedular basis, TDIU, and special monthly compensation are being remanded due to the need for additional development of his medical records and examination.

The Board denied reopening the claim for service connection for TB as no new and material evidence was submitted, despite additional medical records being provided.

The Board found that the Veteran's pulmonary tuberculosis (PTB) was not incurred or aggravated during service and denied his claim.

The Veteran's claim for a rating in excess of 30 percent for pulmonary tuberculosis, effective from April 19, 2007, is denied as the condition has been inactive since at least 1955.