Tuberculosis decisions — 2006

The Board has denied the veteran's claim for service connection for tuberculosis, finding that there is no current evidence of a disability upon which to predicate a grant of service connection. The veteran was awarded service connection and a noncompensable rating for hepatitis C in April 2003.

The Board has ordered additional development to obtain the veteran's medical records and to provide a VA physician with expertise in disability experienced by the veteran to review the expanded claims file.

The veteran's claims for increased ratings and service connection were denied. The right pterygium was not shown to cause any loss of vision, while the inactive pulmonary tuberculosis did not meet criteria for a compensable rating.

The veteran's claim for an increased evaluation for his pulmonary tuberculosis, which is currently rated at 30 percent, has been remanded due to the need for a comprehensive examination and additional evidence.

The Board denied the veteran's claims for a compensable disability evaluation for his pulmonary tuberculosis and service connection for a disorder of the left upper chest, left shoulder, and left arm. The evidence did not show active or far-advanced lesions following arrest of the tuberculosis in May 1958.

The Board denied the claims for service connection for cause of death, nonservice-connected death pension benefits, accrued benefits, and aid and attendance benefits as the veteran's surviving spouse due to lack of evidence linking the conditions causing or contributing to the veteran's death to his active service.

The Board denied the veteran's request to reopen his claim of service connection for peptic ulcer, finding no new and material evidence.,The veteran's claim of service connection for pulmonary tuberculosis is being remanded for further development.

The Board denied an increased rating for sarcoidosis with tuberculosis of the right bronchial lymph node from January 1, 2000 and TDIU due to the veteran's service-connected disabilities.

The Board finds that the veteran's atherosclerotic heart disease, which is presumed to be service-connected due to his status as a former POW, contributed to his death. The Board grants service connection for the cause of the veteran's death.

The Board has determined that the veteran's claimed conditions of pulmonary tuberculosis and peptic ulcer disease were not incurred or aggravated during his military service, nor are they related to service. The claims for service connection have been denied.

The veteran does not have tuberculosis or any residual thereof, and the Board has determined that service connection is not warranted for tuberculosis.

The veteran's pulmonary tuberculosis (PTB) with bronchitis is currently rated at 30 percent, the maximum rating available for inactive PTB. The VA examiner found no evidence of active bronchitis affecting respiratory function and noted that the veteran could walk 500 feet without breathing difficulty.

The Board has determined that there was clear and unmistakable error in the March 29, 2002, and September 26, 2002, rating decisions addressing the veteran's claims for service connection and a total rating based on individual unemployability. The veteran forfeited all rights to VA compensation benefits due to his forfeiture of rights as a consequence of treasonable acts during World War II.

The Board has reopened the veteran's claim for service connection for pulmonary tuberculosis with emphysema due to new and material evidence. However, the preponderance of the evidence is against a finding that this condition was incurred in or aggravated by service.

The veteran's death was not caused by his own willful misconduct, and he had a service-connected disability rated totally disabling prior to his death. However, the claim is denied as he did not have a continuous period of at least ten years of total compensation rating for a service-connected disability immediately preceding his death.