The Board has determined that the reduction of the veteran's disability compensation to the 10% rate, effective June 17, 2001, due to incarceration was not proper under the provisions of 38 U.S.C.A. § 5313 (West 2002). The case is being remanded for further action.
The deciding factor: The reduction of disability compensation benefits was based on a date other than the date of conviction, which violates the law and regulations.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 21, 2005
- Citation
- 0531379
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 0531379.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
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