The Veteran's nonservice-connected disabilities include degenerative disc disease of the lumbar spine, moderate L5 radiculopathy, left S1 radiculopathy, and hepatitis C. His combined disability rating is 40 percent. The Board found that his disorders fail to meet the minimum schedular rating for consideration of a nonservice-connected pension.
The deciding factor: The Veteran's disabilities do not meet the criteria for a permanent and total disability rating for pension purposes as they are not rated at 60% or more, nor does he have two or more disabilities each rated at 40% or more with combined ratings of 70% or more.
- Claimed conditions
- degenerative disc disease (DDD) of the lumbar spine, moderate L5 radiculopathy, left S1 radiculopathy, hepatitis C
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- November 19, 2009
- Citation
- 0944150
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 0944150.
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 expanded the scope of the claim for major depression to encompass any mental health disability raised by the record and has remanded six issues for additional development.
- Whole decision: Remanded (sent back)
The Board has decided to remand the Veteran's claims for COPD, PTSD, hepatitis C, TDIU, and temporary total disability evaluation due to a failure to address his timely request for higher-level review of the July 2018 rating decision.
- Whole decision: Remanded (sent back)
The Board has decided to remand the claims for diabetes, gum disease, hypertension, orthopedic foot disorder, left shoulder disorder, right shoulder disorder, hepatitis C, skin disorder of the feet (claimed as trench foot), and an acquired psychiatric disorder (claimed as depression and anxiety) due to errors in duty to assist.
- Whole decision: Granted
The Board has granted service connection for hepatitis C and its secondary effects on other conditions, including cirrhosis of the liver, diabetes mellitus type II, esophageal varices, hepatic encephalopathy, and splenomegaly.
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