The Board has decided that an apportionment in excess of $129.00 per month of the Veteran's VA disability compensation benefits should be granted to the Appellant, but it must issue a statement of the case addressing both the rate and effective date of the apportionment.
The deciding factor: The decision was based on the provisions of 38 C.F.R. § 3.665 which provide for an apportionment of all or part of the VA disability compensation benefits not paid to an incarcerated veteran to his or her dependents on the basis of individual need, effective the date of the reduction in payments to the veteran if claim is filed within one year of notice of the reduction in benefits.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 23, 2019
- Citation
- 19105137
Veterans Law Judge
Decisions by this judge: 1,863 · Granted: 26% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19105137.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
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