The Board denied the appellant's request for apportionment of her husband's nonservice-connected pension benefits, finding that she did not meet the criteria for dependency and that such apportionment would cause undue hardship to her estranged husband.
The deciding factor: The veteran's monthly pension award was small, making it difficult to provide a reasonable amount to the appellant without causing undue hardship to him.
- Claimed conditions
- recurrent cardiac arrhythmias, chronic obstructive pulmonary disease, degenerative arthritis of the cervical spine, lumbosacral spine, right shoulder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- April 25, 2002
- Citation
- 0203791
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 0203791.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the claim for TDIU prior to October 18, 2018 due to a lack of evidence showing that the Veteran's service-connected disabilities prevented him from securing or following a substantially gainful occupation.
- Granted
The Veteran's service-connected disabilities, in combination, render him unable to secure or follow a substantially gainful occupation consistent with his education and work history.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for a right shoulder condition, cervical spine degenerative arthritis, and TBI residuals due to potential errors in obtaining necessary medical opinions.
- Granted
The Veteran's emphysema, chronic obstructive pulmonary disease and other spontaneous pneumothorax status post thoracotomy is rated as 100% disabling since February 28, 2024. His major depressive disorder is separately rated at 70%. The Board finds that the Veteran meets the criteria for special monthly compensation under 38 U.S.C. § 1114(s) due to his service-connected disabilities.
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