The Board found that the veteran's compensation benefits were properly reduced at one-half of the 10 percent rate effective December 1, 2001 due to his incarceration. The decision also noted that he was entitled to full payment of his current compensation benefit as it did not exceed a combined rating of less than 20 percent.
The deciding factor: The veteran's incarceration prevented him from receiving the full 10 percent rate for his service-connected disabilities, as per VA regulations.
- Claimed conditions
- residuals of zygoma fracture, left hearing loss, organic brain syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 5%
- Decision date
- June 28, 2004
- Citation
- 0416964
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 0416964.
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.
- Denied
The Board denied service connection for right and left hearing loss as there was no evidence of a current disability, in-service incurrence or aggravation, and no causal relationship between the claimed conditions and military service.
- Remanded (sent back)
The appellant's claim for an increased rating for Meniere's disease is remanded to obtain a new VA examination and opinion regarding the current severity of the disability.
- Partly granted
The Board granted service connection for left ear hearing loss and remanded the claims for back, hip, right wrist, and unspecified sleeping disorder disabilities.
- Granted
The veteran's appeal for an earlier effective date for service connection of left hearing loss and the 50-percent evaluation for bilateral hearing loss was granted, with the effective date set to September 17, 2022.
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