The Veteran's benefits were reduced due to his incarceration, and the Board finds that an apportionment is warranted for the period of his incarceration from October [redacted], 1999 to April [redacted], 2012.
The deciding factor: The garnishment order indicates individual need for the children during the Veteran's incarceration, supporting the apportionment request.
- Claimed conditions
- Paralysis of the left cranial nerve, Paralysis of the left facial cranial nerve, Weakness of the left IX cranial nerve with swallowing and tongue impairment, Hearing loss in the left ear, Decreased sensation of the left V crania nerve, Palsy of the left XII crania nerve
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- August 1, 2016
- Citation
- 1630559
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 1630559.
What this means for you
A grant means the Board allowed the benefit or issue identified in this decision. Review the original order: other issues in the same appeal may have a different outcome, and this decision does not predict another claim.
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: Denied
The Board denied the Veteran's claim for service connection for hearing loss in the left ear as there is no evidence of a current disability meeting VA criteria.
- Whole decision: Denied
The Veteran's left ear hearing loss is rated as Level I, which corresponds to a noncompensable rating. The Board denied the claim for an initial compensable rating.
- Whole decision: Remanded (sent back)
The Board has decided that the Veteran does not have a current disability of hearing loss in the left ear for VA purposes, and thus denied service connection. For the right ear, the Board found that there is no evidence to support a finding that the Veteran's hearing loss was incurred during service.
- Whole decision: Granted
The Board has granted service connection for pre-existing hearing loss in both the right and left ears, finding that there was an increase in severity during service without clear and unmistakable evidence of natural progression. The Veteran's exposure to noise trauma while on active duty is acknowledged, as are his symptoms of hearing loss since discharge.
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