Tuberculosis decisions — 2005

The Board denied the appellant's claim for service connection for the cause of death and her entitlement to nonservice-connected death pension benefits, finding that new and material evidence had not been submitted to reopen the claim and that she did not meet the basic eligibility criteria for nonservice-connected death pension benefits.

The Board found that the veteran did not have any of the claimed conditions during service or within applicable presumptive periods, and thus denied his claims for service connection.

The Board found that the veteran's claimed conditions were not incurred or aggravated by his active duty service and denied all claims.

The Board has determined that the submitted evidence does not raise a reasonable possibility of substantiating the claim and is therefore not new and material, thus denying the reopening of the service connection for the cause of the veteran's death.

The Board has determined that the veteran's claimed conditions of bronchial asthma, pulmonary tuberculosis, and hernia were not incurred or aggravated during service. The claims are therefore denied.

The Board has reopened the claim of service connection for pulmonary tuberculosis but denied it on the merits. The claim of service connection for a back disorder was also denied.

The Board found that the veteran's cause of death, cardiorespiratory arrest with pulmonary tuberculosis and emphysema, was not related to his military service.

The veteran's organic heart disease, which is a presumptive service connection condition as a former POW, contributed to his death. Service connection for the cause of death is granted.

The Board has 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 was submitted.

The veteran's claim for a higher rating for his service-connected tuberculosis is being remanded due to the need for further development and consideration.

The veteran's claim for a disability rating in excess of 30 percent for the residuals of tuberculosis is being remanded due to confusion about his representative and scheduling of a Travel Board hearing.

The veteran's death was not caused by a service-connected condition, and the claim for accrued benefits is denied. The veteran did not meet the basic eligibility criteria for nonservice-connected death pension benefits.

The veteran seeks an effective date earlier than November 4, 1997 for the award of a total rating for compensation based on individual unemployability. The Board finds that such an earlier effective date is legally precluded as the veteran did not meet the schedular criteria for a total rating prior to this date and there was no service-connected disability at issue.

The Board found that the veteran's cause of death, pulmonary tuberculosis, was not caused or contributed to by a service-connected disability and denied the claim for service connection.

The Board found no evidence of a lung condition during service or within the first three post-service years, and thus denied the veteran's claim for service connection.