The veteran's claim for increased compensation benefits while incarcerated was denied because the law does not allow payment of compensation in excess of a 10% evaluation, even when his disability is rated at 30%. The veteran is entitled to one-half of the rate provided for by a 10% evaluation.
The deciding factor: The VA laws and regulations do not permit payment of increased compensation benefits while incarcerated beyond the standard rate (10%) due to incarceration status.
- Claimed conditions
- bronchial asthma
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- January 16, 2004
- Citation
- 0401824
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 0401824.
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 Board dismissed the claims for service connection for bronchial asthma, bilateral knee strain, and lumbosacral strain due to a procedural defect in docketing.
- Partly granted
The Board granted service connection for bronchial asthma, obstructive sleep apnea (OSA), and a heart disability associated with the appellant's service in the Southwest Asia theater of operations during the Persian Gulf War. The remaining claims were remanded to correct pre-decisional errors.
- Partly granted
The Board denied an increased rating for bipolar and related disorders, but remanded claims for service connection for hypertension, diabetes, diabetic peripheral neuropathy, and asthma.
- Denied
The Board denied an increased disability rating in excess of 60 percent for bronchial asthma based on the evidence showing that the criteria for a higher rating were not met.
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