The veteran's claim for special monthly pension based on the need for aid and attendance was denied as he is not in need of regular aid and assistance due to his disabilities.
The deciding factor: The veteran has significant disabilities but does not require regular aid and assistance, as evidenced by his ability to perform personal care functions without assistance.
- Claimed conditions
- Non-insulin dependent diabetes mellitus, Status post trans-ischemic accident, Degenerative joint disease, Arthritis, Right ankle fracture, Basal cell carcinoma of the right earlobe and cheek, Benign prostatic hypertrophy, Gastroesophageal reflux
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 28, 2003
- Citation
- 0301545
Veterans Law Judge
Decisions by this judge: 685 · Granted: 36% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0301545.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the Veteran's motion to revise a March 1975 rating decision that assigned an initial noncompensable disability rating for service-connected right ankle fracture, finding no CUE in the decision.
- Granted
The Veteran's low back disability and right leg radiculopathy are granted service connection, but left leg radiculopathy is denied.
- Granted
The Board has granted a 40 percent rating for the Veteran's low back disability, effective from the date of the August 2013 VA examination. The decision also notes that all reasonable doubt is resolved in favor of the Veteran.
- Remanded (sent back)
The Board has decided to remand the case due to a duty-to-assist error in previous examinations, requiring additional information on right shoulder ROM measurements without medication effects.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.