The Veteran's claim for full disability compensation benefits while incarcerated is denied due to the provisions of 38 U.S.C.A. § 5313 and 38 C.F.R. § 3.665, which deny such benefits.
The deciding factor: The legal provisions at issue do not apply to state correctional facilities in Oklahoma where the Veteran is incarcerated.
- Claimed conditions
- several conditions rated as 60 percent disabling in combination, loss of use of one eye
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- July 8, 2014
- Citation
- 1430587
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 1430587.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The veteran's claim for full disability compensation benefits while incarcerated is denied due to the provisions of 38 U.S.C.A. § 5313 prohibiting payment of such benefits when a veteran is incarcerated in a private correctional facility pursuant to a contract with the state that convicted him of a felony.
- Denied
The veteran's claim for payment of his full disability compensation is denied because he is still incarcerated as a result of a felony conviction, and the law absolutely prohibits the payment of such benefits while in prison.
- Dismissed
The Board of Veterans' Appeals has dismissed the matter as it does not have original jurisdiction to decide eligibility for attorney fees from past-due benefits.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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