The Veteran's annual income exceeds the maximum limit for nonservice-connected pension benefits with aid and attendance, resulting in denial of his claim.
The deciding factor: The Veteran's irrevocable trust allows him to substitute assets without consent from the Trustee or others, giving him unlimited control over the trust assets which are considered part of his countable income.
- Claimed conditions
- dementia, renal insufficiency, benign prostatic hypertrophy, hypothyroidism, diabetes mellitus
- How they argued it
- Not specified
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- August 18, 2011
- Citation
- 1130695
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. Read the original VA decision (opens in a new tab) using citation 1130695.
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: Denied
The Board denied service connection for diabetes mellitus, prostate cancer, visual impairment, hypertension, and erectile dysfunction due to lack of exposure to herbicide agents during service. The Veteran's claims were not granted.
- Whole decision: Remanded (sent back)
The Veteran's claims for service connection on the merits are being remanded due to new evidence and development needs. The maximum disability rating for tinnitus has already been assigned.
- Whole decision: Denied
The Board denied service connection for diabetes mellitus, prostate cancer, ischemic heart disease, right lower extremity peripheral artery disease, left lower extremity peripheral artery disease, and hypertension as the evidence did not establish an in-service event or exposure to herbicide agents.
- Whole decision: Remanded (sent back)
The Veteran's initial compensable evaluation for hypothyroidism is denied, and the Board finds that service connection for lumbar degenerative disc disease and bilateral foot condition should be remanded due to a pre-decisional duty to assist error.
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