Tuberculosis decisions — 2002

The veteran's claims for increased ratings were denied. The service connection for PTSD was granted, with staged ratings applied based on the severity of symptoms over time.

The Board has denied the veteran's claim for an increased rating for his service-connected inactive tuberculosis with mild dyspnea, finding that there is no evidence of current activity or symptomatology related to his service-connected condition.

The Board has denied the veteran's claims for residuals of a left ankle sprain, cold injuries to hands, arthritis of hands, and arthritis of feet. The positive tuberculosis test is not considered a current disability.

The Board has granted a 10 percent rating for pulmonary tuberculosis with pulmonary fibrosis, finding that the veteran's condition results in moderate dyspnea on extended exertion.

The Board denied service connection for elevated cholesterol, tuberculosis, and alcoholism as the evidence did not show a current disability related to these conditions.

The veteran's claims for burial benefits and accrued benefits were denied as the appellant did not file her applications within the required timeframes, and there was no evidence of pending claims or entitlement to such benefits at the time of the veteran's death.

The Board has granted service connection for degenerative disc disease and arthritis of the lumbosacral spine, bilateral knee degenerative joint disease, and a history of otitis externa. Service connection for pulmonary tuberculosis is denied.

The Board found that the veteran's cause of death, cardio-pulmonary arrest or pulmonary tuberculosis, was not incurred in active service and did not substantially contribute to his death. Therefore, service connection for the cause of the veteran's death is denied.

The Board found that the veteran's cause of death (COPD) was not related to his service-connected disabilities and did not occur due to tobacco use during service. The claim for non-service-connected death pension benefits is denied as the veteran had no recognized guerrilla service and was not a member of the Armed Forces of the United States.

The Board has determined that the veteran does not have tuberculosis and there is no evidence of active tuberculosis. The veteran's respiratory disorder, diagnosed as mild chronic obstructive pulmonary disease secondary to smoking and tobacco abuse, was not incurred in or aggravated by service.

The Board has granted a 60 percent rating for the service-connected status post left pneumonectomy due to lung cancer secondary to tuberculosis, effective from August 22, 2001.

The veteran's claims for service connection for hiatal hernia and gastroesophageal reflux disease (GERD), and varicocele were granted. Service connection was not granted for tuberculosis.

The Board found that the veteran's service-connected left leg disability did not cause or contribute to his death from pulmonary tuberculosis. The VA physician and the death certificate concluded that the veteran's overall health issues, particularly his chronic obstructive pulmonary disease (COPD), were more significant in causing his death.

The veteran's disabilities, including anxiety neurosis with dizzy spells and defective vision, require the aid and attendance of another person to protect him from daily hazards. As a result, he is entitled to special monthly pension at the aid and attendance rate.

The Board denied the veteran's petition to reopen his claim of service connection for pulmonary tuberculosis, finding that new and material evidence had not been submitted.