The veteran's non-service-connected disabilities, including cervical spine degenerative disease and asthma, do not meet the criteria for a combined rating of at least 70 percent to qualify for pension benefits due to their severity. The veteran is therefore denied pension benefits.
The deciding factor: The veteran's nonservice-connected disabilities are rated as 20% and 10%, which do not add up to at least 70% when combined, thus failing the criteria for permanent and total disability required for pension benefits under 38 C.F.R. § 4.16.
- Claimed conditions
- {"condition_name":"Cervical spine degenerative disease","rating_assigned":20,"effective_date":null}, {"condition_name":"Asthma","rating_assigned":10,"effective_date":null}, {"condition_name":"Right wrist disability","rating_assigned":0,"effective_date":null}, {"condition_name":"Residuals of a bladder tumor","rating_assigned":0,"effective_date":null}, {"condition_name":"Hepatitis C infection","rating_assigned":0,"effective_date":null}
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 6, 2006
- Citation
- 0610109
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
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