The Board has determined that new and material evidence was submitted to reopen the claim for service connection for tuberculosis, which is presumed to have existed prior to service. The veteran's active tuberculosis within three years of separation from service is considered presumptive under VA regulations.
The deciding factor: Tuberculosis was presumed to have preexisted service based on clear and unmistakable evidence that it did not exist before service entry.
- Claimed conditions
- Pulmonary Tuberculosis
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 23, 2003
- Citation
- 0301309
Veterans Law Judge
Decisions by this judge: 2,480 · Granted: 26% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0301309.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied a higher rating for the Veteran's service-connected pulmonary tuberculosis, finding that the decrease from 100% to 30% effective July 1, 2020 was proper and that a higher rating is not warranted based on the evidence provided.
- Denied
The Board denied a compensable rating for the Veteran's inactive pulmonary tuberculosis, finding that dyspnea on exertion was not accompanied by lesions.
- Denied
The Board denied the petition to reopen service connection for the cause of the Veteran's death, as well as claims for nonservice-connected pension benefits and accrued benefits due to lack of new and material evidence. The Veteran did not have qualifying service in the Philippine Scouts that would allow him to receive these benefits.
- Remanded (sent back)
The Board has decided the claim for COPD secondary to TB is remanded due to inadequate medical opinions and need for further development.
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