The Veteran did not file a timely Notice of Disagreement regarding the reduction of his disability compensation benefits from 100 percent to 10 percent due to incarceration for a felony, and he has failed to raise a valid claim of clear and unmistakable error in that decision.
The deciding factor: The result would manifestly have been different but for the Veteran's failure to file a timely Notice of Disagreement regarding the reduction of his disability compensation benefits from 100 percent to 10 percent due to incarceration for a felony, as required by law.
- 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 23, 2009
- Citation
- 0910723
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
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.