The veteran's claim for an earlier effective date for the grant of nonservice-connected pension benefits is denied as there is no evidence that he was incapacitated within one year prior to filing his reopened claim.
The deciding factor: The veteran did not provide sufficient evidence to establish that he was so incapacitated as to prevent him from filing his claim within a year before March 5, 1998.
- Claimed conditions
- Permanent and total disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- August 10, 2000
- Citation
- 0020987
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. Search VA.gov for the original decision (opens in a new tab) using citation 0020987.
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 Veteran's child is not eligible for Chapter 35 Dependents' Education Assistance (DEA) benefits because the basic eligibility period ended before her 26th birthday, and she did not apply within one year of receiving the effective date of the permanent and total disability rating.
- Whole decision: Denied
The Veteran's spouse was found eligible for Dependents Educational Assistance (DEA) benefits, but the appeal is denied as she did not provide sufficient evidence to show that her physical disability prevented her from completing an educational program within the prescribed period.
- Whole decision: Denied
The Veteran was declared permanently and totally disabled, but the appellant is not eligible for Chapter 35 DEA benefits as she turned 26 before her father's disability rating became effective.
- Whole decision: Granted
The Veteran is entitled to receive nonservice-connected pension benefits due to permanent and total disability, as determined by the Social Security Administration.
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