The Veteran's incarceration does not automatically render him ineligible for basic entitlement to VA pension benefits. The Board finds the Court’s reasoning in Valchar is persuasive and requires further development to determine if the Veteran meets the criteria for basic pension eligibility.
The deciding factor: The Veteran's incarceration does not automatically render him ineligible for basic entitlement to VA pension benefits as found by the United States Court of Appeals for Veterans Claims (Valchar v. Shinseki, 2013).
- Claimed conditions
- permanent and total disability due to non-service-connected conditions, age 65 or older
- How they argued it
- Not specified
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- February 6, 2019
- Citation
- 19109046
Veterans Law Judge
Decisions by this judge: 2,249 · Granted: 37% (granted or partly granted, in the indexed 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. Read the original VA decision (opens in a new tab) using citation 19109046.
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
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
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