The veteran's claim for special monthly pension benefits due to the need for regular aid and attendance of another person was denied as he does not meet the criteria set forth in VA regulations.
The deciding factor: The evidence did not show that the veteran is helpless or nearly so helpless as to require the regular aid and attendance of another person, based on his ability to perform routine duties with assistance when needed.
- Claimed conditions
- back disability, gastrectomy, left shoulder degenerative joint disease, right shoulder degenerative joint disease, left knee degenerative joint disease, right knee degenerative joint disease, left elbow degenerative joint disease, right elbow degenerative joint disease, left wrist degenerative joint disease, right wrist degenerative joint disease, left hip degenerative joint disease, right hip degenerative joint disease, left ankle degenerative joint disease, right ankle degenerative joint disease, high blood pressure
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- January 16, 2004
- Citation
- 0401728
Veterans Law Judge
Decisions by this judge: 673 · Granted: 27% (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 0401728.
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.
- Granted
The Board has reopened the Veteran's claims of service connection for a back disability, endometriosis, thyroid condition, and chronic fatigue syndrome due to new evidence submitted since the last final denial. The claims are now considered on their merits.
- Denied
The Veteran's depression was rated at 50 percent prior to July 1, 2016. The Board found that the evidence did not support a higher rating due to occupational and social impairment with reduced reliability and productivity. For TDIU, the Veteran had multiple service-connected disabilities but his education and work experience were sufficient for sedentary or light labor employment.
- Remanded (sent back)
The Board has decided to remand the case due to incomplete service treatment records and a need for additional VA examination. The Veteran's back disability is being reviewed again with new evidence.
- Remanded (sent back)
The Board has remanded the claims of service connection for back, hip, and lower extremity disabilities due to a lack of VA examination and outstanding treatment records. The Veteran's current diagnoses and lay statements will be considered in determining if his conditions are related to service.
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