Denied
The veteran's claim for nonservice-connected pension benefits was denied because he had not established entitlement to such benefits prior to his incarceration, and there is no legal basis for consideration of his potential eligibility until he is released from prison.
The deciding factor: The applicable law precludes consideration of initial entitlement to nonservice-connected pension during the veteran's ongoing incarceration.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 2, 2009
- Citation
- 0900138
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
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.