Tuberculosis decisions — 2014

The Veteran's lung disability, rated at 60 percent disabling, did not render him in need of regular aid and attendance due to his functional impairment. The Board found the evidence insufficient to establish that he met the criteria for SMP based on the need for the regular aid and attendance of another person.

The Veteran's claims for increased ratings and effective dates have been denied. The Board found that the evidence did not support a finding of entitlement to an earlier effective date or higher disability ratings.

The Board denied service connection for the cause of the Veteran's death in 2000, but reopened the claim and found that new evidence supports a finding that his pulmonary tuberculosis contributed to his death. The rating assigned and effective date are not specified.

The Veteran's appeal is remanded due to the need for a Statement of the Case (SOC) on all issues raised in his notice of disagreement.

The Board found that the evidence submitted since the August 2002 rating decision is not new and material, thus denying the reopening of the claim for service connection for the cause of the Veteran's death. The claim was denied as there was no new or material evidence to support the contention that the Veteran's service-connected PTB caused his death.

The Board has reopened the Veteran's claim of service connection for a right knee disorder and granted it. The claims for PTSD, an acquired psychiatric disorder (to include PTSD), and tuberculosis were also granted.

The Veteran died of metastatic prostate cancer, with tuberculosis of the lung as a significant contributing factor. The case is being remanded for additional development to determine if his service-connected pulmonary tuberculosis contributed substantially or materially to his death.

The Board has determined that further development is needed to determine the nature and etiology of any current tuberculosis or bilateral hearing loss, including whether these conditions are related to service. The Veteran's claims for service connection will be remanded for additional examinations and consideration.

The Veteran withdrew from appeal the issues of service connection for tuberculosis and claims for higher ratings for left ankle and left eye disorders and for acne. The case is dismissed as to these matters.

The Veteran did not have a service-connected disability rated as total and permanent during his lifetime, nor was he evaluated as 100 percent disabled due to service-connected disability at the time of his death. The appellant is therefore not eligible for DEA benefits under Chapter 35, Title 38, United States Code.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining VA and private treatment records and providing an addendum opinion regarding the etiology of his lumbar spine disorder.

The Veteran's appeal is being remanded to obtain additional medical records and schedule a VA examination. The issues are whether he has tuberculosis and lung cancer, both of which may be related to service.

The Board has denied the Veteran's claims for service connection for various conditions, finding that new and material evidence was not presented to reopen these claims. The Board also found no service connection for certain disabilities.

The Veteran's appeal concerning the issue of entitlement to an increased rating for moderately advanced pulmonary tuberculosis, inactive, currently evaluated as 20 percent disabling is dismissed. The case is REMANDED for adjudication of the claim for an effective date earlier than November 4, 2009 for the assignment of the 20 percent rating.

The Veteran's claim for a compensable rating for inactive pulmonary tuberculosis is being remanded due to the need for additional development, including a Pulmonary Function Test (PFT).

The Veteran's appeal is being remanded for further development of his claims, including VA examinations to determine the nature and etiology of any diagnosed disorders.

The Veteran's appeals for service connection for heart disorder, higher initial evaluations for his service-connected conditions, and a higher evaluation for right foot sinus tarsi syndrome have been withdrawn. The claim of service connection for tuberculosis has been dismissed as there is no evidence of current disability.

The Board found that the Veteran's preexisting PTB existed prior to service and was not aggravated by service. The claim for basic eligibility for VA pension benefits was denied as the Veteran did not meet the required service requirements.

The Veteran's appeal is being remanded for consideration of new evidence submitted by him and his hearing transcript. The case will be returned to the Board if further action is required.

The Veteran's appeal for a higher rating for his inactive pulmonary tuberculosis and service connection for an acquired psychiatric disorder was denied. The Board found that the denial of SMC under 38 U.S.C.A. § 1114(q) and 38 C.F.R. § 3.350(g) was proper, but did not address the remaining issues on appeal.