The Board found that the VA properly withheld the veteran's disability compensation benefits back to and including December 2001 in order to avoid full payment of both military retired pay and full VA compensation benefits.
The deciding factor: VA law prohibits concurrent receipt of retirement pay and VA compensation, and the veteran waived his military retired pay in favor of VA compensation. The DFAS records showed that he could not receive VA compensation until February 2003 when his military retired pay ceased.
- Claimed conditions
- prostate cancer, post traumatic stress disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 16, 2006
- Citation
- 0604518
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.
- Denied
The Board denied service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- Granted
The Board granted service connection for prostate cancer, related to in-service exposures at Camp Lejeune.
- Remanded (sent back)
The Veteran is granted an effective date of April 25, 2014, for service connection for prostate cancer.
- Remanded (sent back)
The Board remands the issue of service connection for prostate cancer to obtain an addendum opinion addressing the Veteran's toxic exposure risk activities.
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