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
- Not verified here — check the original decision
- Decision date
- January 28, 2009
- Citation
- 0902990
Veterans Law Judge
Decisions by this judge: 251 · Granted: 25% (granted or partly granted, in the indexed decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0902990.
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: Granted
The Veteran's initial claim for an evaluation in excess of 10 percent for a brain hemorrhage was denied. The reduction of the rating for service-connected lumbar spine disability from 40 percent to 20 percent effective April 8, 2015, and the reduction of the rating for service-connected traumatic brain injury (TBI) from 40 percent to 10 percent effective April 8, 2015, were granted.
- Whole decision: Denied
The Board denied a compensable initial rating for Hepatitis C, finding that the Veteran's condition was asymptomatic and did not meet the criteria for any higher rating.
- Whole decision: Granted
The Board has determined that the Veteran's Hepatitis C with cirrhosis is related to service, and therefore grants service connection for these conditions.
- Whole decision: Remanded (sent back)
The Veteran's death was caused by acute hypoxic respiratory failure and chronic obstructive pulmonary disease, with hypertension as a significant contributing factor. The Board finds that remand is necessary to obtain the Veteran's complete military records and treatment records.
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