The Board found that the veteran's death was due to his own willful misconduct and not in the line of duty, thus denying service connection for the cause of death.
The deciding factor: The veteran had a blood alcohol level of .17 at the time of the accident, indicating intoxication. The police report concluded negligence caused the accident resulting in the veteran's death. As his alcohol consumption was considered the proximate cause of the motor vehicle accident, his death was deemed to be due to willful misconduct.
- Claimed conditions
- Alcohol Intoxication
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 28, 2002
- Citation
- 0215110
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 0215110.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the Veteran's claim for service connection for the cause of death in the line of duty due to his own willful misconduct, as evidenced by his alcohol intoxication at the time of the motorcycle accident.
- Denied
The Veteran's unauthorized medical expenses for an emergency room visit at Great Plains Regional Medical Center on May 30, 2011 are denied as the treatment was not rendered in response to a medical emergency and VA facilities were feasibly available.
- Denied
The Board found that the decedent's death in May 1997 was due to willful misconduct, specifically alcohol intoxication. The preponderance of evidence supports this conclusion and denies the DIC claim.
- Granted
The Board has determined that the Veteran's medical condition was emergent at the time of his admission to North Bay Hospital, and he is entitled to payment or reimbursement for unauthorized medical expenses incurred from December 24, 2005, to January 4, 2006.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.