The veteran's nonservice-connected disabilities, including degenerative joint disease of the lumbar spine and bilateral wrist fractures, show him to be unable to obtain or retain substantially gainful employment. The Board grants a VA pension based on these conditions.
The deciding factor: The veteran's combined disability rating is 40%, which does not meet the schedular criteria for a 100% evaluation. However, his disabilities are considered under subjective criteria due to age, occupational background, and other related factors, warranting an extra-schedular pension based on his inability to secure and follow substantially gainful employment.
- Claimed conditions
- degenerative joint disease of the lumbar spine, right-sided sciatic irritation, tardy ulnar nerve palsy of the right upper extremity, tardy ulnar nerve palsy of the left upper extremity, chronic obstructive pulmonary disease and bronchitis, right upper quadrant tenderness of undetermined etiology, bilateral recent Colles fractures of the wrists
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- April 17, 2002
- Citation
- 0203493
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0203493.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has determined that the Veteran's lumbar spine arthritis is aggravated by his service-connected bilateral knee disabilities, and thus grants service connection for this condition.
- Remanded (sent back)
The Board has remanded the case due to incomplete development of records and will provide a supplemental statement of the case if necessary.
- Granted
The Veteran's low back disability was rated at 40% prior to September 28, 2018. From that date, the rating was increased to 50%. The earlier effective date for TDIU is denied.
- Denied
The Veteran's appeal for a higher level of SMC was denied as he does not meet the criteria for any additional levels of SMC based on his service-connected disabilities.
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