The Veteran's disabilities do not meet the criteria for special monthly pension based on the need for regular aid and attendance of another person or being housebound.
The deciding factor: The Veteran is capable of managing his daily activities without requiring regular aid and assistance, as evidenced by clinical findings and sworn testimony.
- Claimed conditions
- injury to the right leg, multiple surgeries with comminuted fractures of the tibia and fibula, right leg discrepancy, lumbar paravertebral myositis with lumbar radiculopathy, right L5 spondylosis and intervertebral osteochodrosis at L4-L5 level with degenerative joint disease and demineralization by x-ray, depressive disorder, not otherwise specified, HIV positive, arterial hypertension, hepatitis C
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 10, 2009
- Citation
- 0925813
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 0925813.
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.
- Granted
The Board granted a disability rating of 50 percent for the Veteran's acquired psychiatric disorder, characterized as depressive disorder, effective May 1, 2017.
- Denied
The Board denied service connection for hepatitis C, jaundice, hypogeusia, and hyposmia as there was no evidence of a current disability during the pendency of the claim.
- Remanded (sent back)
The Board denied service connection for hepatitis C and remanded the claim for a heart disability due to insufficient evidence.
- Denied
The Board denied an increased rating for depressive disorder and remanded the claims for a higher rating for headache syndrome and TDIU.
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