The Board found that the veteran's injuries were not incurred in the line of duty due to willful misconduct, specifically his alcohol consumption prior to and at the time of the accident. As a result, service connection for the residuals of the injuries sustained in October 1975 is denied.
The deciding factor: The veteran consumed alcohol before and during the accident, which proximately resulted in the MVA and subsequent injuries.
- Claimed conditions
- fractures of the left femur, left humerus, left radius, ruptured gallbladder, fractured ribs with pneumothorax, concussion, dental trauma
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- July 8, 2002
- Citation
- 0207386
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 0207386.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
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 has determined that the Veteran does not have a current diagnosis for any of the claimed conditions and thus, service connection is denied.
- Whole decision: Remanded (sent back)
The Board has found new and relevant evidence for the previously denied claims of vision, dental trauma, right shoulder condition, left shoulder condition, low back condition, pes planus and plantar fasciitis, right knee condition, left knee condition, and bilateral hearing loss. These claims are being remanded to the AOJ for further adjudication.
- Whole decision: Denied
The Board denied service connection for hypertensive vascular disease, concussion, diabetes mellitus, seizure disability, bilateral pes planus, and an acquired psychiatric disorder (alcohol use disorder in sustained remission and PTSD). The effective date for hypertension was denied as the Veteran's claim was received within one year of the PACT Act.
- Whole decision: Granted
The Veteran's anxiety disorder with depressive features, including TBI, is now rated at 50% effective May 22, 2021. This decision grants the increased rating claim for this condition.
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