The Board found that the veteran's compensation benefits were properly reduced to a 10 percent rate due to his incarceration, as he was incarcerated for felony convictions before October 7, 1980.
The deciding factor: The reduction in benefits is mandated by law and regulation given the veteran's status as an incarcerated veteran with a service-connected disability rating of at least 20%.
- Claimed conditions
- shell fragment wound of the right gluteal region, residuals of a shell fragment wound of the left gluteal region, residuals of a shell fragment wound of the right calf, residuals of a shell fragment wound of the left calf, residuals of a shell fragment wound of the left knee, scar of the right post axillary fold
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- December 17, 2004
- Citation
- 0433444
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 0433444.
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.
- Granted
The Veteran's service connection claim for the residuals of a shell fragment wound of the left knee is granted. However, his claim for the residuals of a shell fragment wound of the back is denied.
- Dismissed
The Veteran's appeal was dismissed due to his death while the appeal was pending before the Court.
- Granted
The veteran's service-connected right posterior thigh disability is rated at 20 percent, effective from June 1992. His left calf disability remains at a 10 percent rating.
- Denied
The Board denied an increased rating for the service-connected residuals of a shell fragment wound of the left knee, currently evaluated as 20 percent disabling.
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