The Veteran's nonservice-connected pension was terminated due to a claim of clear and unmistakable error in the August 2003 rating decision. The issue is whether his discharge from active duty service was justified under specific VA regulations.
The deciding factor: The RO found that the Veteran did not satisfy the minimum active-duty service requirement, but he may have been discharged due to a service-connected disability (right foot fracture).
- Claimed conditions
- Right foot fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 21, 2017
- Citation
- 1759507
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. Read the original VA decision (opens in a new tab) using citation 1759507.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The veteran withdrew the appeals for service connection and initial rating, dismissing both issues.
- Partly granted
The Board granted service connection for PTSD and depressive disorder, assigned a 70 percent rating for an acquired psychiatric disorder, and denied increased ratings for left and right varicocele. The remaining claims were remanded.
- Denied
The Veteran's request for Higher-Level Review was denied because it was not received within one year of the AOJ decisions, and thus is untimely.
- Denied
The Board has determined that the Veteran's pension benefits should be terminated due to his failure to meet the minimum active duty requirement, as he served less than six months and did not qualify for exceptions.
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