The Board found that it was not factually ascertainable prior to November 16, 2004 that the veteran was permanently and totally disabled due to his service-connected conditions. Therefore, the effective date for non-service-connected disability pension cannot be earlier than November 16, 2004.
The deciding factor: The evidence did not show that the veteran's disabilities were so severe as to render him permanently and totally disabled prior to November 16, 2004.
- Claimed conditions
- hypertensive arteriosclerotic cardiovascular disease, type II diabetes mellitus, gastroesophageal reflux disease (GERD), liver parenchymal disease, hypertension, gastritis, gouty arthritis, chronic renal insufficiency, cholelithiasis, osteoarthritis, peripheral neuropathy of the bilateral upper and lower extremities, retinopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- February 20, 2007
- Citation
- 0704750
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 0704750.
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.
- Remanded (sent back)
The Board has remanded the claims for service connection for hypertension and peripheral neuropathy of the bilateral upper and lower extremities due to insufficient medical opinions regarding their etiology.
- Remanded (sent back)
The Board has remanded the case due to unclear evidence regarding the diagnosis of gastritis and its relation to service. The Veteran needs to provide records, and a VA examiner will review his medical history and determine if gastritis is related to his military service or any other conditions.
- Remanded (sent back)
The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development, including VA examinations.
- Remanded (sent back)
The Board has remanded the claims for additional development due to conflicting opinions regarding service connection for peripheral neuropathy, hypertension, and skin disabilities related to herbicide exposure.
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