John M. Ferenc v. R. James Nicholson

SCHOELEN, Judge:

The appellant, John M. Ferenc, through counsel, appeals a May 28, 2004, Board of Veterans’ Appeals (Board) decision in which the Board found that, as a result of his incarceration, the appellant’s disability compensation was properly reduced to that commensurate with a 10% disability rate, effective October 1983. Record (R.) at 1-10. The appellant and the Secretary each filed a brief. This appeal is timely, and the Court has jurisdiction over the case pursuant to 38 U.S.C. §§ 7252(a) and 7266. For the reasons that follow, the Court will affirm the Board’s decision.

I. BACKGROUND