The Board found that the RO's decision denying service connection for pulmonary tuberculosis was not clearly and unmistakably erroneous, as there was no evidence of diagnosis or treatment of tuberculosis during service and no contemporaneous X-rays confirming the condition within the three-year presumptive period.
The deciding factor: The RO correctly applied the existing laws and regulations in July 1968, which required a showing of active pulmonary tuberculosis by private physicians confirmed by acceptable clinical, X-ray, or laboratory studies.
- Claimed conditions
- Pulmonary Tuberculosis
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 24, 2008
- Citation
- 0832780
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 0832780.
What this means for you
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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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