The Board is remanding the case to address whether new and material evidence has been received to reopen a claim regarding injuries sustained on May 13, 1978. The veteran's original claim was denied due to his own willful misconduct.
The deciding factor: The decision involves determining if new and material evidence supports reopening an old claim of service connection for injuries sustained in 1978.
- Claimed conditions
- Willful Misconduct
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 26, 2007
- Citation
- 0722941
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 0722941.
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted service connection for the cause of the Veteran's in-service death due to willful misconduct, but denied an earlier effective date for DIC.
- Remanded (sent back)
The Board has determined that new and material evidence had not been presented to reopen the veteran's claim as to whether injuries sustained on May 13, 1978 were the result of his own willful misconduct. The Court found that the Board had erred in adjudicating the reopening question without discussing due process concerns set out in Bernard v. Brown.
- Granted
The Board has reopened the claim of whether the veteran's death was due to his willful misconduct, finding that new and material evidence has been submitted. The decision concludes that the cause of death was the result of the veteran's own willful misconduct.
- Remanded (sent back)
The Board has remanded the case due to the need for additional development, including obtaining SSA records and providing proper notice regarding secondary service connection.
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