The Veteran's claim for a rating in excess of 30 percent for residuals of inactive tuberculosis to include emphysema and malignant neoplasms of right and left upper lobes is denied for the period prior to June 27, 2017.,The issue of entitlement to TDIU for the period from June 27, 2017 remains on appeal as it is part-and-parcel of the Veteran's claim for a higher rating for residuals of inactive tuberculosis. The matter has been dismissed as moot due to the combined schedular rating of 100 percent.,The issue of entitlement to TDIU on an extraschedular basis for the period prior to June 27, 2017 is denied.
The deciding factor: The preponderance of the evidence does not support a finding that the Veteran's tuberculosis disability resulted in FEV-1 of 40 to 55 percent predicted, FEV-1/FVC of 40 to 55 percent, DLCO of 40 to 55 percent predicted, or maximum oxygen consumption of 15 to 20 milliliter ml/kg in oxygen consumption (with cardiorespiratory limit), criteria commensurate with a 60 percent rating under DC 6603.,The Veteran is in receipt of a combined schedular rating of 100 percent effective, June 27, 2017. As such, the issue of entitlement to TDIU for the period on appeal prior to June 27, 2017 is part-and-parcel of the Veteran's claim for a higher rating for residuals of inactive tuberculosis.,The Veteran does not meet the schedular requirements for TDIU and her service-connected disabilities do not show that she was unable to obtain or maintain substantially gainful employment as a result of her service-connected disabilities.
- Claimed conditions
- inactive chronic pulmonary tuberculosis, emphysema, malignant neoplasms of right and left upper lobes
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- July 11, 2021
- Citation
- 21042024
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 21042024.
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