Tuberculosis decisions — 2009

The Board has determined that the June 1993 rating decision denying service connection for the cause of the Veteran's death was clearly and unmistakably erroneous. Therefore, an effective date of October 7, 1991 is granted for service connection for the cause of the Veteran's death.

The Veteran's claims for service connection were denied. The Board found that the Veteran did not have recognized POW status, and his claimed conditions are not related to his military service.

The Board denied the Veteran's claim of service connection for mycobacterium tuberculosis, originally claimed as pulmonary tuberculosis, finding that new and material evidence had not been presented to reopen the claim.

The Board denied a compensable evaluation for the Veteran's inactive minimal pulmonary tuberculosis with pleural effusion, finding that his clinical findings did not warrant such an evaluation given the absence of evidence of reoccurrence and the long elapse since the date of inactivity.

The Board denied the Veteran's claims of reopening his low back disability claim and for an increased evaluation for inactive tuberculosis. The evidence submitted did not raise a reasonable possibility of substantiating the claims.

The Veteran's service-connected severe obstructive lung disease and pulmonary tuberculosis do not meet the criteria for automobile or adaptive equipment benefits due to lack of loss of use of a hand, foot, or ankylosis of a knee or hip.

The Board has determined that new and material evidence has not been received to reopen the claim of service connection for cause of the Veteran's death. The April 1974 rating decision is considered final, and no new or material evidence was submitted since then.

The Board has remanded the case due to a need for VCAA notice regarding service-connected conditions at the time of the Veteran's death.

The Board has determined that the Veteran's service-connected pulmonary tuberculosis contributed to his death from lung cancer, and thus grants service connection for the cause of the Veteran's death.

The Board has remanded the case due to insufficient medical opinion and incomplete information from the appellant regarding treatment records.

The Board has determined that the Veteran's pulmonary tuberculosis preexisted his service and is therefore presumed to have been present prior to service. The Board also found that the residuals of pericarditis are due to the pulmonary tuberculosis.

The Board has denied the appellant's claims for service connection for the cause of her husband's death and for DIC benefits, finding that there was insufficient evidence to support these claims.

The Veteran's claim for service connection for asthma, claimed as secondary to his service-connected sacroidosis of the pulmonary lymph nodes and tuberculosis, is being remanded due to the need to obtain additional medical treatment records from St. Vincent's Medical Center in Jacksonville, Florida and VA outpatient clinic in Jacksonville.

The Board denied the appellant's request to reopen her claim for service connection for the cause of the Veteran's death, finding that no new and material evidence had been presented.

The Board denied the appellant's claim for service connection for the cause of her husband's death, finding that there was no legal entitlement to DIC under 38 U.S.C.A. § 1318 due to the Veteran not meeting the criteria for a total rating for at least 10 years immediately preceding his death.