The Veteran's claim for non-service-connected pension benefits was denied because the evidence did not show that he is permanently and totally disabled from disabilities not due to his own willful misconduct.
The deciding factor: The Veteran failed to report for VA examinations scheduled to determine which of his disabilities are permanent and total and whether they are due to his own willful misconduct, resulting in a denial as a matter of law.
- Claimed conditions
- Gastroesophageal reflux disease (GERD), Degenerative changes of the cervical spine, Degenerative changes of the thoracic spine, Adjustment disorder with depressed mood, Right leg operations, Status post left pneumothorax
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 25, 2012
- Citation
- 1215097
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 1215097.
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 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.
- Denied
The Board has denied service connection for bladder cancer, gastroesophageal reflux disease (GERD), and chronic obstructive pulmonary disease (COPD) as there is no evidence to support a link between these conditions and the Veteran's military service.
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