The veteran's claim for special monthly pension based on need of regular aid and attendance or housebound status is denied as he does not meet the criteria for such benefits.
The deciding factor: The veteran has a combined nonservice-connected disability rating of 80%, which is below the threshold required for special monthly pension. Additionally, his disabilities do not independently warrant a 60% rating, and he is not permanently housebound or in need of regular aid and attendance.
- Claimed conditions
- clinical bilateral L5 radiculopathy, degenerative joint disease (DJD) of the lumbar spine, diabetes mellitus, chronic opened angle glaucoma, chronic rhinosinusitis by history, duodenal ulcer disease, DJD of the right knee, gastroesophageal reflux disease (GERD), intestinal diverticuli, refractive error, generalized anxiety disorder, benign prostatic hypertrophy, arterial hypertension
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 10, 2006
- Citation
- 0613580
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.
- Dismissed
The Veteran withdrew his appeals for service connection for gastroesophageal reflux disease (GERD) and pernicious anemia, and the Board dismissed both appeals.
- Remanded (sent back)
The appeal is remanded to correct pre-decisional duty to assist errors, including the failure to obtain relevant treatment records and provide adequate VA examinations.
- Denied
The Board denied a rating in excess of 10 percent for gastroesophageal reflux disease (GERD) as the appellant does not have a documented history of recurrent or refractory esophageal stricture(s).
- Remanded (sent back)
The Board remands the claims for service connection for hypertension and diabetes mellitus to obtain further medical opinions regarding their potential relationship to toxic exposures during active service.
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