The Veteran's nonservice-connected disabilities, including degenerative changes at the acromioclavicular joint of the left shoulder and gastroesophageal reflux disease, do not meet the criteria for a permanent and total rating for non-service connected pension.
The deciding factor: The Veteran's combined disability rating does not approximate 70 percent or more due to his nonservice-connected disabilities, including those from his service-connected conditions.
- Claimed conditions
- Degenerative changes at the acromioclavicular joint, left shoulder, Back disorder, Neck disorder, Sleep apnea, Gastroesophageal reflux disease (GERD), Psychosis, not otherwise specified
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 20, 2011
- Citation
- 1102358
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 1102358.
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.
- Remanded (sent back)
The Board has remanded the Veteran's claims for sleep apnea and acquired psychiatric disorder (including PTSD) due to insufficient evidence of record. The Veteran is required to undergo VA examinations to determine if his conditions are related to service.
- Remanded (sent back)
The Veteran's appeal for service connection for Dupuytren's contracture of the left hand, right hand, and GERD is remanded due to inadequate VA examination opinions and failure to consider toxic exposure risk activities during service.
- Denied
The Veteran's GERD is currently rated at 10 percent disabling, but the Board found that his symptoms do not meet or approximate the criteria for a higher rating.
- Granted
The Board has granted service connection for gastroesophageal reflux disease (GERD) and obstructive sleep apnea (OSA), finding that both conditions are secondary to the Veteran's service-connected lower back condition and sinusitis, respectively.
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