The reduction of the Veteran's disability compensation benefits due to incarceration was proper, as it followed the applicable VA regulations.
The deciding factor: The decision upheld the reduction based on the provisions in 38 C.F.R. § 3.665 which governs reductions due to incarceration for convicted felons.
- Claimed conditions
- left shoulder posterior labral tear
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 5%
- Decision date
- November 12, 2014
- Citation
- 1450090
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 1450090.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has granted service connection for sleep apnea as secondary to the Veteran's service-connected disabilities, including osteoarthritis in multiple joints and other conditions.
- Denied
The Board finds that an initial rating in excess of 10 percent for the Veteran's left shoulder disability, for the period from May 17, 2005 to November 15, 2007, is not warranted based on the evidence of record.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
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