The Veteran's claim for nonservice-connected pension benefits and special monthly pension based on the need for regular aid and attendance (SMP-AA) is denied as he does not meet the requirements of being permanently and totally disabled due to nonservice-connected disabilities.
The deciding factor: The evidence did not show that the Veteran was permanently and totally disabled, either singly or in combination with other conditions, which would render him unable to secure and follow a substantially gainful occupation.
- Claimed conditions
- lumbar spine degenerative joint disease, left upper eye lid scar
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 18, 2023
- Citation
- 23056756
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 23056756.
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 service connection due to incomplete service treatment records and a need to address lay statements regarding in-service injuries. The AOJ is instructed to obtain complete service treatment records, correct any duty-to-assist errors, and provide an addendum opinion on whether the Veteran's current lumbar spine and right knee disabilities are related to heavy, repetitive lifting from his military duties.
- Remanded (sent back)
The Board has remanded the Veteran's claims for higher ratings for IBS, lumbar spine disability, and lower extremity radiculopathy due to a procedural error in providing notice of his right to a hearing.
- Remanded (sent back)
The Board has determined that there are errors in the decision-making process related to obtaining and considering certain medical records, conducting appropriate examinations, and providing a comprehensive assessment of the Veteran's employability due to his service-connected disabilities. The case is being remanded for these issues.
- Granted
The Board has granted service connection for cervical spine degenerative joint disease and lumbar spine degenerative joint disease, including radiculopathy. The decision is based on the Veteran's reported in-service injuries and current medical diagnoses.
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