The Veteran's nonservice-connected disabilities, including osteoarthritis of the right and left knees, degenerative joint disease of the lumbar spine, and thoracic outlet syndrome, do not meet the criteria for special monthly pension based on need for aid and attendance or by reason of being housebound due to his ability to perform daily activities with assistance.
The deciding factor: The Veteran's nonservice-connected disabilities are rated at a combined 50 percent. The VA examinations indicate that he requires regular aid and attendance, but does not meet the criteria as defined in 38 C.F.R. § 3.352(a).
- Claimed conditions
- Osteoarthritis of the right knee, Degenerative joint disease of the lumbar spine with some decrease in reflexes, low back strain, Osteoarthritis of the left knee, Thoracic outlet syndrome, Old fracture, right wrist, Perineal abscess, Status post right inguinal hernia repair, Ganglion cyst, right foot, Anxiety/personality disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- May 10, 2011
- Citation
- 1117992
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 1117992.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran is granted a higher level of SMC at the intermediary level N1/2 from October 20, 2020 to June 7, 2022. This decision resolves doubt in favor of the Veteran.
- Granted
The Veteran's thoracic outlet syndrome is rated at 40 percent effective June 9, 2023. The condition has more nearly approximated moderately severe incomplete paralysis.
- Remanded (sent back)
The claims for higher initial ratings for degenerative arthritis of the lumbar spine, osteoarthritis of the right and left knees, and left ankle strain are remanded due to inadequate VA compensation examination reports.
- Remanded (sent back)
The Board remands the claims for additional development, including obtaining a new VA examination to address the inadequacies of previous examinations and obtain any relevant private treatment records.
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