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116 vetted Board decisions in 2010
The Board has determined that new and material evidence has not been received to reopen the claim of entitlement to service connection for residuals of inactive tuberculosis with lobectomy. As such, the claim is denied.
The Veteran's death was not due to a service-connected disability, and there is no evidence of total disability permanent in nature resulting from a service-connected disability at the time of his death. Therefore, the appellant does not meet the conditions for eligibility for survivors' and dependents' educational assistance under Chapter 35.
The Veteran's lung disability, tuberculosis residuals, and scar from a biopsy are being remanded for additional development to ensure all relevant medical records have been considered.
The Board denied the Veteran's claim of service connection for tuberculosis as there is no current diagnosis and no evidence of a chronic condition within three years after discharge.
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The Veteran's respiratory disability results in a Forced Expiratory Volume (FEV-1) of at least 45 percent of predicted value, a Forced Vital Capacity (FEV-1/FVC) of at least 86 percent predicted, and Diffusion Capacity of the Lung for Carbon Monoxide by the Single Breath Method (DLCO) (SB) of at least 48 percent predicted, with no cardiovascular complications, episodes of acute respiratory failure, or requirement of oxygen therapy. The criteria for an initial rating in excess of 60 percent have not been met.