The veteran's disabilities do not meet the criteria for special monthly pension based on aid and attendance or being housebound.
The deciding factor: The veteran is mobile, capable of attending to his daily needs without regular personal assistance from others, and does not require aid and attendance due to his disabilities.
- Claimed conditions
- emphysema, degenerative disc disease and degenerative joint disease of the lumbar spine, esophageal reflux disease, tension headaches, history of pterygium, avulsion of left great toenail
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 14, 2009
- Citation
- 0938849
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 0938849.
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: Remanded (sent back)
The Board has determined that additional development is needed for the claims on appeal, including obtaining any outstanding treatment records and scheduling VA examinations to assess the current severity of service-connected disabilities. The Veteran's representative also requested reevaluation of his service-connected disabilities.
- Whole decision: Dismissed
The Veteran's appeals for service connection for asthma and a 10 percent rating based on multiple noncompensable service-connected disabilities were dismissed. The claim of entitlement to a compensable rating for eczema was denied, while the claim of entitlement to allergic rhinitis was not addressed as it pertained to different issues.
- Whole decision: Granted
The Board has granted the Veteran's claim for service connection for headaches as secondary to his service-connected sleep apnea, tinnitus, cervical spine disability, and GERD. The decision is based on a finding of relative equipoise between the conflicting opinions regarding causation.
- Whole decision: Remanded (sent back)
The Board has found that additional VA opinions are needed to address the nature and etiology of the Veteran's dizziness, including benign paroxysmal positional vertigo, and tension headaches, including migraines. The opinions should consider the Veteran's participation in a TERA and the combined effect of all his service-connected disabilities.
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