The Veteran's claim for nonservice-connected pension benefits was denied due to the absence of service connection for any disabilities. The Board has ordered a remand to obtain additional medical records and conduct further examinations to assess the impact of his nonservice-connected conditions on his ability to work.
The deciding factor: The Veteran does not have service-connected disabilities, which is required for pension benefits under VA regulations.
- Claimed conditions
- COPD due to chronic tobacco abuse, residuals of right rotator cuff surgery, mild degenerative joint disease of hip joints, bilateral shoulder condition, lower back condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 8, 2010
- Citation
- 1001247
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 1001247.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted the petition to reopen the claim of entitlement to service connection for a bilateral shoulder condition, but denied petitions to reopen claims for residuals of heat exhaustion, any dysfunction regulating body temperature, and a right ankle condition. The Board also remanded claims for bruxism and a bilateral shoulder condition.
- Denied
The Board denied service connection for a right leg condition, sinusitis, lower back condition, and joint pain as the evidence did 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 remands the claims for service connection for a lower back condition, bilateral hip condition, and paralysis (claimed as a bilateral sciatic nerve condition) to obtain additional evidence.
- Denied
The Board denied service connection for tinnitus, bilateral hearing loss, bilateral pes planus (flat feet), bilateral ankle condition, bilateral knee condition, and lower back condition as there was no evidence of a current disability or that the disabilities were related to the Veteran's military service.
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