The Board has found clear and unmistakable error in the December 1970 rating decision that severed service connection for pulmonary tuberculosis. As a result, the veteran's claim of service connection is restored, and the appeal to reopen the claim is dismissed.
The deciding factor: The original September 1969 grant of service connection was based on aggravation during service, which later medical evidence did not support.
- Claimed conditions
- pulmonary tuberculosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 8, 2003
- Citation
- 0308701
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 0308701.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted service connection for the Veteran's cause of death, finding that his service-connected pulmonary tuberculosis was at least as likely as not a contributory cause of his death.
- Denied
The Board denied the Veteran's claim for an earlier effective date than January 28, 2014 for service connection for pulmonary tuberculosis.
- Dismissed
The Veteran's appeal to restore a 100% rating for pulmonary tuberculosis with sleep apnea is dismissed as the requested rating was already in effect.
- Remanded (sent back)
The Board has remanded the case due to inadequate VA examination, and the Veteran's claim for service connection for pulmonary tuberculosis and related respiratory conditions is now pending.
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