The Veteran's claim for non-service-connected pension benefits is denied as he did not meet the service requirement of having at least 90 days of active duty during a period of war.
The deciding factor: The Veteran served less than 90 days during his second period of active duty, which was discharged under dishonorable conditions due to willful and persistent misconduct. His first period of service did not meet the legal requirement for eligibility as it ended in October 1971 with a disability that pre-existed service.
- Claimed conditions
- post-polio atrophy, left leg shortening
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 6, 2010
- Citation
- 1012902
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. Look up the original decision on VA.gov (opens in a new tab) using citation 1012902.
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.
- Dismissed
The Veteran withdrew all appeals regarding the claims of hypertension, allergic rhinitis (claimed as sinusitis), internal hemorrhoids, left leg shortening, and status post vasectomy with transient acute epididymitis.
- Remanded (sent back)
The Board has decided to remand the case for further examination and analysis regarding the Veteran's left hip shortening and leg shortening, including whether these conditions are related to his service-connected diabetes.
- Denied
The Veteran's cause of death is denied as service-connected disabilities did not contribute to his death. The Veteran was granted special monthly compensation based on the need for aid and attendance.
- Remanded (sent back)
The Board has remanded the Veteran's claims for additional development, including obtaining medical opinions and VA treatment records. The issues of service connection for a right knee disorder, higher ratings for left knee ligament laxity and limitation of flexion due to traumatic arthritis (left knee), and a compensable rating for residuals of left ankle talus fracture are remanded.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
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.