The Veteran's service connection claim for chronic obstructive pulmonary disease is denied as the condition did not manifest in or was not related to his active duty. The special monthly pension based on aid and attendance of another person is also denied due to lack of need.
The deciding factor: Service connection cannot be established because there is no evidence that the Veteran's current COPD first manifested during service, nor can it be linked to any incident therein. The Veteran does not meet the criteria for special monthly pension as he has a combined rating of 80% from nonservice-connected disabilities and does not require regular aid and attendance.
- Claimed conditions
- chronic obstructive pulmonary disease, atherosclerotic cardiovascular disease, osteoarthritis, spinal stenosis, hypertension, gastroesophageal reflux disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 80%
- Decision date
- May 28, 2009
- Citation
- 0919891
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 0919891.
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.
- Partly granted
The Board granted service connection for headaches and increased ratings for left shoulder rotator cuff tear, right shoulder rotator cuff tear, hypertension, and left and right leg restless leg syndrome. The Board denied a compensable rating for bilateral hearing loss and an initial rating in excess of 70 percent for posttraumatic stress disorder.
- Granted
The Board granted an effective date of October 21, 2021, for the grant of service connection for hypertension.
- Partly granted
The Board granted service connection for asthma but denied it for hypertension.
- Dismissed
The appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
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