The Veteran's pension benefits, including special monthly pension (SMP) at the housebound rate, are granted effective from June 30, 2006. The decision is based on his admission to an assisted living facility due to multiple disabilities and his inability to file a claim for pension benefits.
The deciding factor: The Veteran's physical disabilities prevented him from filing his disability pension claim within the required timeframe following his admission to the assisted living facility.
- Claimed conditions
- emphysema, proxysmal tachycardia, acute upper respiratory infections, generalized muscle weakness, gait abnormalities, deep vein thrombosis (clot), broken arm, end stage emphysema
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 23, 2009
- Citation
- 0940305
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 0940305.
What this means for you
A grant means the Board allowed the benefit or issue identified in this decision. Review the original order: other issues in the same appeal may have a different outcome, and this decision does not predict another claim.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's lung condition, including pneumonia residuals, COPD, and emphysema, is remanded for further examination to determine if they are related to his military service. The appeal is reopened based on new evidence.
- Dismissed
The appeal seeking readjudication of the previously denied claim for PTSD and multiple other conditions is dismissed due to a procedural defect. The Veteran's authorized representative at the time the appeal was submitted did not have the authority to file the appeal.
- Denied
The Board has denied service connection for sleep apnea, diabetes mellitus, emphysema, and prostate cancer as the evidence does not support a finding that these conditions began during active service or are otherwise related to an in-service injury, event, or disease.
- Remanded (sent back)
The Board has determined that the Veteran's claim for service connection for a respiratory condition, including COPD with emphysema (claimed as lung condition due to exposure of asbestos due to MOS), is remanded. The VA will provide an examination and obtain medical opinions regarding whether any diagnosed respiratory conditions are related to military service, particularly given the Veteran's in-service exposure to asbestos.
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