Tuberculosis decisions — 2016

The Veteran's PTSD is rated at the highest available rating of 70 percent since March 14, 2014. The Board has granted a total disability rating based on individual unemployability due to service-connected PTSD prior to that date.

The Board has determined that the Veteran's tuberculosis was not incurred in or aggravated by service and may not be presumed to have been incurred therein. The claim for service connection is denied.

The Board granted the Veteran's claims for service connection for testicular disease and testicular neoplasm, persistent cough (bronchitis), but denied his claim for tuberculosis. The decision on cold sores was withdrawn by the Veteran during a hearing.

The Board dismissed the appeal for an earlier effective date for a 20 percent rating for pulmonary tuberculosis due to the Veteran not filing a Substantive Appeal.

The Veteran's claim for service connection for a lung disability claimed as tuberculosis was denied because there is no evidence of a current diagnosis or in-service occurrence of the condition.

The Board found that the Veteran did not have in-service herbicide exposure and his claimed lung/respiratory disabilities are not related to service, including as due to herbicide exposure.

The Veteran's service-connected disabilities (bilateral hearing loss, pulmonary tuberculosis with reactive airway disease, impaired range of motion associated with post-thoracotomy pain syndrome, and tinnitus) precluded him from maintaining gainful employment prior to November 20, 2013. As a result, the Board finds that he is entitled to TDIU based on these service-connected disabilities.

The Veteran's claims for service connection were denied due to lack of new and material evidence. The Board found that the previously denied claims had not been final, and recharacterized them as new and material issues.

The Board has determined that the Veteran's cause of death, glioblastoma multiforme, is related to his military service and specifically to his exposure to herbicides during his service in Vietnam.

The Board has determined that the Veteran's service-connected disabilities substantially or materially contributed to his death, and thus grants DIC on the basis of service connection for the cause of death.

The Board has denied the Veteran's claims for service connection for tuberculosis and onychomycosis (claimed as bilateral foot fungus) due to lack of a current disability, no in-service incurrence or aggravation of disease or injury, and no nexus between any diagnosed condition and active service.

The Board found that the Veteran's left ankle and left knee disabilities do not warrant increased ratings as they are currently rated.

The Board has determined that the Veteran does not have any residuals of his tuberculosis, and therefore, he is not entitled to an initial compensable rating for this condition.

The Veteran's death is not eligible for DIC benefits under the provisions of 38 U.S.C.A. § 1318 because he was not rated as totally disabled for at least ten years prior to his death, or continuously since discharge from service and for a period of no less than five years immediately preceding death.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining updated VA treatment records and a medical opinion regarding whether his current respiratory conditions are residuals of his service-connected tuberculosis.

The Board has reopened the Veteran's claim for service connection for a pulmonary disability, to include as due to Agent Orange exposure. The June 2016 VHA opinion supports this reopening and indicates that the Veteran's current pulmonary disabilities are related to his period of active duty, including his exposure to Agent Orange during service.

The Board has determined that the Veteran's service connection claims for bilateral hearing loss, gastroesophageal reflux disease, positive tuberculosis tine test, and left eye disability are denied as there is no evidence of a current disability or etiological link to service.

The Board has determined that the Veteran does not have tuberculosis, hepatitis C, or diabetes mellitus during the appeals period and therefore service connection for these conditions is denied.

The Board found that the Veteran's tuberculosis did not manifest during service or within one year of separation, and any current tuberculosis is not related to service. The lung cancer was also not related to service.