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
- Not verified here — check the original decision
- Decision date
- April 19, 2004
- Citation
- 0410094
Veterans Law Judge
Decisions by this judge: 999 · Granted: 31% (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. Search VA.gov for the original decision (opens in a new tab) using citation 0410094.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
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).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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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