The veteran's service-connected disabilities do not meet the criteria for special monthly pension based on the need for regular aid and attendance due to his nonservice-connected conditions, which include COPD, hypertension, visual impairment, arthritis of the lumbar spine, and other chronic health issues.
The deciding factor: The veteran's service-connected disabilities are minimal (10% for the nose fracture), while he has multiple nonservice-connected conditions that significantly impact his daily activities and require assistance. The combined effect of these conditions prevents him from needing regular aid and attendance.
- Claimed conditions
- Arthralgia of multiple joints, Arthritis of the lumbar spine (including degenerative disc disease at L5-S1), Benign prostate hypertrophy, Bilateral hernia, Chronic obstructive pulmonary disease (COPD), Duodenal ulcer, upper gastrointestinal hemorrhage with anemia, diverticulosis, and hiatal hernia, Hypertension with hypertensive cardiovascular disease, Residuals of a fracture of the third left toe, Residuals of simple fracture of the nose, Senile keratosis, Visual acuity of 20/50 and counting of fingers at one foot
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- April 22, 2004
- Citation
- 0410398
Veterans Law Judge
Decisions by this judge: 1,377 · Granted: 17% (granted or partly granted, in the indexed 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. Search VA.gov for the original decision (opens in a new tab) using citation 0410398.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Denied
The Board denied the claim of service connection for the cause of the Veteran's death, finding that there was no evidence linking his myocardial infarction and COPD to his military service.
- Whole decision: Denied
The Board has denied service connection for bladder cancer, gastroesophageal reflux disease (GERD), and chronic obstructive pulmonary disease (COPD) as there is no evidence to support a link between these conditions and the Veteran's military service.
- Whole decision: Denied
The Veteran's claim for a higher level of SMC was denied as the Board found that he is already in receipt of SMC at the (l) rate based on need for regular aid and attendance due to service-connected disabilities, including coronary artery disease with congestive heart failure. A second award of SMC at the (l) rate based on need for regular aid and attendance was not warranted.
- Whole decision: Denied
The Board denied the Veteran's claim for service connection for cause of death, finding that there is no competent evidence linking any principal or contributory cause of his death to his service.
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