The veteran's non-service-connected disabilities do not meet the criteria for special monthly pension based on a need for aid and attendance or housebound status.
The deciding factor: The evidence shows that the veteran is capable of performing most activities of daily living without assistance, does not require regular personal assistance from others, and can protect himself from the hazards and dangers of his daily environment.
- Claimed conditions
- Antegrade and retrograde amnesia with mood disorder, Posttraumatic headaches, Low back pain with spondylolisthesis at L4-L5 and bilateral foraminal stenosis, Diplopia, Coronary artery disease status post myocardial infarction, Chronic obstructive pulmonary disease, Right shoulder spasms, Carpal tunnel syndrome, right, Carpal tunnel syndrome, left, Right flank hernia, Seizure disorder post trauma, Hepatitis C, Right thumb injury, Urinary tract infection, Gonorrhea
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 28, 2009
- Citation
- 0902990
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 remands the claim for a new VA addendum opinion to determine if the Veteran's liver cancer and hepatitis C are related to his active service, including exposure to agent orange.
- Partly granted
The Board granted service connection for several conditions, including lumbar spine degenerative arthritis and radiculopathy of the sciatic and femoral nerves, with effective dates from March 15, 2013. The Board also granted a TDIU and DEA based on unemployability due to service-connected disabilities.
- Denied
The Board denied the veteran's claims for increased ratings for bilateral hearing loss, hypertension, and hepatitis C as there was no evidence of functional impairment sufficient to warrant a higher rating.
- Denied
The Board denied the claim for service connection for the cause of the Veteran's death, as none of the listed causes were related to his period of active duty or presumed exposure to herbicides.
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