dead then the v a is not obligated to pay the same at all not all so in the context of an incarcerated vet the only way that an attorney could be compensated under fifteen i know for is to have his steam withheld by the operate them fifty nine a for it is calculated that big calculus for the fee is based upon the award to past due benefits there is a provision under the regulations that would allow an attorney in the rue of that calculus to try to get on an hourly or on a flat fee basis but that regulation has no application in this fact set and any attorney that would represent an incarcerated veteran with either have to go under that regular nation in charge an hourly rate or a fla the separate ship as described in the court's decision and fifty three thirty eight fifty three thirteen is a separate obligation makes no reference to fifty nine zero four fifty nine a friend makes no reference to fifty three for take what i see on your bet whether he has previously been granted a benefit let's assume that mr creek mind was not incarcerated the time in which he made his claim and in fact had made his claim and gotten his seventy percent rating before he was incarcerated sixty one days after his incarceration on a felony he means seventy percent rating is reduced to ten percent the fact is is that fifty three thirteen operates absolutely independently a fifty nine a for what you say is policy statement by congress saying that when you're incarcerated as a disabled veteran you will get only ten percent why is that because of the judgment on the part of congress that disabled veterans who are describes the criteria under which the v a to supposed to reap disability and it includes what your honor suggested which is that this ability shall be evaluated based upon the average impairment of earning capacity and therefore i think that you if if he were not incarcerated and titles for ninety thousand that would be paid out but the because it and thirty nine also are it's not clear what they mean by a word and if you can look to the regulation it means payment clearly the terminology that the v a uses in determining the disability rating is a right when it has an award column on their on their reigning decision is just what they're starting with what he would get just based on a seventy percent disability rating that's the starting number to calculate but the award is actually the ten percent and if you look to the next page i believe i neither fifty nine before all fifty three thirteen were ambiguous that they were applying an unambiguous on their face but they couldn't be reconciled that entitles the v a to deference of an interpretation of the one of the two statutes but more importantly honest if i could correct another factual matter that for a look at the joint appendix at page fifty seven  that is the september two thousand and one board decision rich you mean we ended the case when mr snyder was previously representing back to the agency for a decision on the merits a decision on the merits and that decision in the notice of that decision begins at the joint can accept page thirty one and i'd like to direct the court's attention to the notice that was provided in january of two thousand and three it ha withheld which is the ninety percent reduction the judge club and restoring about and the monthly entitlement amount is the ten percent to which the individual is entitle therefore be a good as used in fifty nine