Tuberculosis decisions — 2019

The Veteran's appeals for increased disability rating and service connection have been dismissed due to his death. The Board has no jurisdiction to adjudicate the merits of these claims as he passed away before a decision could be made.

The Veteran's appeal for an increased rating for pulmonary tuberculosis with tuberculosis pleurisy, right, with effusion has been dismissed as the appellant requested to withdraw her substantive appeal.

The Veteran's claims for increased ratings for residuals of pulmonary tuberculosis and colon tuberculosis with resection were denied as the evidence did not show that his conditions warranted a higher disability rating.

The Board denied the claim of service connection for the cause of death, finding that there was no credible evidence showing a chronic respiratory or cardiopulmonary condition in service and that the Veteran's fatal heart and/or respiratory conditions were not caused by any of his service-connected disabilities.

The Board has determined that the Veteran does not have a current disability related to tuberculosis and therefore cannot establish service connection for this condition.

The claims for service connection of tuberculosis, heart disease, left and right knee conditions, and headache condition have been denied.,Claims for increased evaluations of tinnitus and earlier effective dates for service connection of tinnitus and hearing loss have also been denied.

The Board has remanded the claims for service connection for a right knee disability, right ankle disability, and pulmonary tuberculosis due to lack of evidence establishing a nexus between these conditions and service.,Service connection was denied for all three conditions as there is no evidence showing they began during or were otherwise related to service.

The Board has granted a TDIU effective from February 20, 2014. The Veteran's service-connected disabilities have rendered her unable to secure and follow substantially gainful employment since January 1, 2013.

The Veteran's service-connected conditions, including ischemic heart disease, COPD with pulmonary hypertension, and other disabilities, resulted in significant need for regular aid and attendance. However, the criteria for SMC in excess of 38 U.S.C. § 1114(l) were not met.

The Veteran's tuberculosis was not shown to be caused by VA care, resulting in a denial of compensation under 38 U.S.C. § 1151.,There is no evidence showing that the Veteran's pulmonary nodule of the left lung resulted from VA care, leading to a denial of compensation under 38 U.S.C. § 1151.,The Veteran's sleep apnea was not shown to be caused by VA care, resulting in a denial of compensation under 38 U.S.C. § 1151.

The Board has denied service connection for TB due to lack of a current diagnosis. The right wrist and bilateral foot disorders are remanded as the evidence is insufficient to determine their onset or relationship to service.

The Board denied the claim for service connection for cause of death, finding that the Veteran's cause of death was not related to his diagnosed tuberculosis in-service and concluded that it was most likely a metastatic sarcoma resulting from smoking.

The Veteran's tuberculosis is currently inactive and does not have compensable residuals. His hypertension has not been predominantly manifested by diastolic pressure 110 or greater or systolic pressure 200 or greater, so he cannot receive a rating in excess of 10 percent.

The Veteran's appeal is remanded due to the submission of new evidence since the April 2018 statement of the case. The initial rating for polycystic ovary disease remains denied, and the increased rating claim for asthma with inactive tuberculosis requires further development.

The Board denied the claim to reopen service connection for the cause of the Veteran's death and also denied eligibility for nonservice-connected death pension benefits due to lack of qualifying service.

The Veteran's claim for service connection for sickle cell anemia has been denied as there is no evidence of a current diagnosis or superimposed disease.,The Veteran's claim for higher initial ratings for various disabilities, including blurred vision, hearing loss, and PTSD with memory loss, are remanded to obtain additional VA treatment records.

The Veteran's service-connected disabilities, including PTSD with major depressive disorder, pulmonary tuberculosis, and tinnitus, are so severe that they preclude him from obtaining and maintaining a substantially gainful occupation. The Board has granted the claim for Total Disability Rating Based on Individual Unemployability (TDIU).

The claim for service connection for the cause of death has been denied as new and material evidence was not received, despite some lay statements and a private medical certificate.

The Veteran's claim for an increased disability rating for tuberculosis of lungs, left ureter, and left kidney is denied. The Board has remanded the issues of service connection for a low back disability and entitlement to a compensable initial rating for bilateral hearing loss.

The Board has determined that the Veteran's tuberculosis claim is denied as there is no evidence of a current disability. The PTSD and alcohol abuse claims are remanded for additional examination.