The Board found that the reduction of the veteran's disability compensation benefits to the 10 percent rate effective February 2, 1998 was appropriate due to his incarceration for a felony conviction.
The deciding factor: The veteran's receipt of disability compensation was not protected by law because he had been incarcerated in excess of 60 days for a felony committed after October 7, 1980.
- Claimed conditions
- postoperative dislocation of the right shoulder, bronchial asthma with bronchitis, peptic ulcer
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- April 19, 2004
- Citation
- 0410094
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 0410094.
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.
- Partly granted
The Board granted service connection for hypertension and erectile dysfunction, both presumed to be due to herbicide exposure. The claims for hypertrophy of the prostate, migraine headaches, and peptic ulcer were remanded.
- Partly granted
The Board granted service connection for tongue ulcer and denied an increased initial rating in excess of 30 percent for bronchial asthma with bronchitis. The claims for higher ratings for lumbosacral strain, bilateral lower extremity radiculopathy were remanded.
- Remanded (sent back)
The Board remands the matter for an adequate VA examination and to obtain missing treatment records.
- Denied
The Board denied service connection for depression, peptic ulcer, bilateral hearing loss, vertigo, bilateral ankle condition, bilateral elbow condition, foot condition, bilateral hip condition, bilateral knee condition, and bilateral wrist condition as the persuasive weight of the evidence indicated these conditions were not etiologically related to active service.
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