The veteran's disabilities, including right hip disability and diabetes, do not meet the criteria for a permanent and total disability rating for VA pension purposes due to their combined rating of 40 percent. The RO assigned ratings based on each individual condition under the appropriate diagnostic codes.
The deciding factor: The veteran's combined rating for his service-connected disabilities (right hip disability rated at 10%, diabetes rated at 20%, and hypertension rated at 10%) does not meet the schedular requirements for a permanent and total disability rating of 100% as required by 38 C.F.R. § 4.17.
- Claimed conditions
- Right Hip Disability, Diabetes, Hypertension, Right Shoulder Arthritis, Right Knee Degenerative Joint Disease, Low Back Pain
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- July 8, 2008
- Citation
- 0822779
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 0822779.
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 hypertension, finding that it did not manifest during service and is not causally related to the Veteran's exposure to herbicides or service.
- Whole decision: Denied
The Board denied the Veteran's claim for service connection for hypertension, finding that there was no evidence of a nexus between his current condition and active duty service or herbicide exposure.
- Whole decision: Denied
The Board has denied service connection for hypertension and has remanded the issue of an increased rating for skin condition.
- Whole decision: Granted
The Board has restored the Veteran's 10% rating for hypertension effective December 1, 2025 and denied a rating in excess of 10%. The reduction from 10% to noncompensable was not proper.
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