Tuberculosis Board decisions

The Board denied an increased rating for sarcoidosis with tuberculosis of the right bronchial lymph node from January 1, 2000 and TDIU due to the veteran's service-connected disabilities.

The Board finds that the veteran's atherosclerotic heart disease, which is presumed to be service-connected due to his status as a former POW, contributed to his death. The Board grants service connection for the cause of the veteran's death.

The Board has determined that the veteran's claimed conditions of pulmonary tuberculosis and peptic ulcer disease were not incurred or aggravated during his military service, nor are they related to service. The claims for service connection have been denied.

The veteran does not have tuberculosis or any residual thereof, and the Board has determined that service connection is not warranted for tuberculosis.

The Board has determined that there was clear and unmistakable error in the March 29, 2002, and September 26, 2002, rating decisions addressing the veteran's claims for service connection and a total rating based on individual unemployability. The veteran forfeited all rights to VA compensation benefits due to his forfeiture of rights as a consequence of treasonable acts during World War II.

The veteran's pulmonary tuberculosis (PTB) with bronchitis is currently rated at 30 percent, the maximum rating available for inactive PTB. The VA examiner found no evidence of active bronchitis affecting respiratory function and noted that the veteran could walk 500 feet without breathing difficulty.

The Board has reopened the veteran's claim for service connection for pulmonary tuberculosis with emphysema due to new and material evidence. However, the preponderance of the evidence is against a finding that this condition was incurred in or aggravated by service.

The veteran's death was not caused by his own willful misconduct, and he had a service-connected disability rated totally disabling prior to his death. However, the claim is denied as he did not have a continuous period of at least ten years of total compensation rating for a service-connected disability immediately preceding his death.

The Board has determined that the veteran's service-connected pulmonary tuberculosis, which is currently inactive and inactive for many decades, does not meet the criteria for an increased disability rating in excess of 30 percent.

The Board has determined that the veteran's PTSD is service-connected due to a sexual assault during service, and tuberculosis was not incurred or aggravated by service. The claim for residuals of a head injury will be addressed in a separate remand.

The Board has determined that the veteran's pulmonary tuberculosis was not incurred or aggravated during service and is not related to service. As a result, the claim for service connection is denied.

The veteran's cause of death was caused by septic shock, community acquired pneumonia IV and pulmonary tuberculosis (PTB) 111, with azotemia. The Board found that the preponderance of evidence is against service connection for the cause of death. For non-service-connected pension benefits, the appellant did not meet the eligibility criteria as her service was not considered qualifying recognized service.

The Board denied the veteran's claim to reopen his service connection for pulmonary tuberculosis, finding that no new and material evidence had been submitted.

The Board has determined that the veteran's current conditions, including pulmonary tuberculosis and its residuals, are related to his service. The claim is granted.

The Board denied the appellant's claims for service connection for the cause of the veteran's death and entitlement to Dependents' Educational Assistance under Chapter 35 due to a lack of evidence linking tuberculosis to service.

The Board found that the veteran's death was caused by pulmonary tuberculosis (PTB), which occurred more than three years after his discharge from service and without evidence linking it to military service. The claim for service connection of the cause of death is denied.

The Board denied the appellant's request to reopen her claim of service connection for the cause of the veteran's death, finding no new and material evidence that would support the claim.

Your motion seeking review of the October 2005 Board decision has been withdrawn. The case is dismissed.

The Board is remanding the case to the RO for further development and readjudication, including providing VCAA notice.

The Board found that the veteran's death was not due to service-connected conditions and denied his claims for service connection, non-service-connected pension benefits, and accrued benefits.