Tuberculosis decisions — 2006

The veteran's appeal is being remanded for further development of his medical records and to determine the cause of his unemployability.

The Board has determined that the veteran's service-connected residuals of a gunshot wound did not cause or contribute to his death from pulmonary tuberculosis.

The Board found that the veteran's death was not caused by a service-connected disability and denied both the claim for service connection for cause of death and the claim for dependency and indemnity compensation under 38 U.S.C.A. § 1318.

The Board found that the decedent's death was not caused by a service-connected disability, and thus denied his claim for service connection for cause of death.

The Board has remanded the case for further development, including obtaining relevant treatment records and providing proper notice under Dingess/Hartman v. Nicholson and Kent v. Nicholson.

The veteran's cause of death was not related to service-connected conditions.,The appellant is not entitled to DIC benefits as the veteran did not meet the criteria for total disability due to a service-connected condition.

The Board has determined that the appellant does not have current service-connected arteriosclerotic heart disease or pulmonary tuberculosis, and thus denied both claims.

The Board denied the appellant's claims for service connection for cause of death, accrued benefits, and nonservice-connected pension due to lack of evidence linking the veteran's death to his military service.

The Board denied the veteran's claims for service connection for tuberculosis and increased evaluations for residuals of left ulnar nerve anterior transposition, patellofemoral syndrome of the right knee, and patellofemoral syndrome of the left knee. The veteran was not diagnosed with tuberculosis and his disabilities were found to be less severe than what would warrant higher ratings.

The Board has determined that the veteran's cause of death was not caused or significantly contributed to by his service-connected pulmonary tuberculosis, and therefore, he is denied service connection for the cause of death. The appellant is also not eligible for a nonservice-connected death pension based on the veteran's recognized active service. There is no legal entitlement to accrued benefits as there were no pending claims at the time of the veteran's death.

The Board has denied the appellant's claim for service connection for the cause of the veteran's death due to a lack of evidence showing or suggesting that the veteran manifested Pulmonary Tuberculosis (PTB) during service or within three years after separation.

The Board denied service connection for the cause of the veteran's death due to lung cancer, finding that it was not caused by or related to his inservice treatment for Pulmonary Tuberculosis. The Board also noted that the veteran had a history of smoking and that tobacco use was the primary cause of his lung cancer.

The Board has determined that the appellant does not currently have pulmonary tuberculosis and therefore, service connection for this condition is denied.

The Board found that the veteran's cause of death, liver cirrhosis, was not related to service and denied the claim for service connection for cause of death.

The Board denied the reopening of the claim for service connection for the cause of the veteran's death due to lack of material evidence, despite a new medical certificate from Dr. F.B.A.