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
Veterans Law Judge
Decisions by this judge: 999 · Granted: 31% (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 0410094.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Veteran's appeal includes claims for service connection for a peptic ulcer and an initial rating for his right shoulder disability. The Board has remanded the issues of service connection for the peptic ulcer and the right shoulder disability, while denying an increased rating for the right shoulder disability and remanding the issue of effective date for TDIU prior to January 4, 2014.
- Remanded (sent back)
The Board has remanded the case due to new evidence received since the November 2023 SSOC, and for an addendum VA opinion regarding the etiology of the Veteran's gastrointestinal disorder.
- 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.
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