The Veteran was not a fugitive felon, and the termination of his nonservice-connected disability pension benefits from December 27, 2001 until January 12, 2005, due to fugitive felon status was improper.
The deciding factor: There is no evidence that the Veteran knew he was facing prosecution or engaged in an intentional act of fleeing from prosecution. The warrant was issued seven years prior and there's no indication it was served on him before VA notified him of his fugitive felon status.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 13, 2009
- Citation
- 0909366
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
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.