The Board found that the veteran's discharge under other than honorable conditions did not constitute a bar to VA benefits, as his period of absence without official leave (AWOL) was less than 180 days and considered to be due to compelling circumstances.
The deciding factor: The Board determined that the veteran's AWOL constituted willful and persistent misconduct only if it were serious. Given the percentage of total service time for which he was AWOL, the Board found his situation to be one of compelling circumstances warranting prolonged unauthorized absence.
- Claimed conditions
- Seizure disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 22, 2001
- Citation
- 0108534
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 0108534.
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.
- Denied
The Veteran's claim for an earlier effective date for a seizure disorder rating of 20 percent is denied as the evidence does not show that his condition increased in severity within one year after separation from service.
- Granted
The Veteran's service-connected disabilities, including PTSD, cervical spine disability, and seizure disorder, render him unable to secure and follow a substantially gainful occupation. Therefore, the Board has granted his TDIU application.
- Denied
The Veteran's seizure disorder is rated at 10 percent, and the Board finds that a higher rating is not warranted as he has not had any seizures in over two years.
- Remanded (sent back)
The Board has remanded the case due to a failure to obtain an adequate opinion regarding the cause of death and its relation to service, including in-service dental treatment. The Veteran died from acute renal failure, metastatic melanoma, cerebral metastasis, or seizure disorder.
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