The Board found that the car accident resulting in the veteran's facial injury, cranial injury, loss of the right eye and thoracolumbar strain did not occur during active duty, active duty for training or inactive duty training.
The deciding factor: The service personnel records from Naval Reserve service show no drills, no group active duty for training, no active duty for training, no active duty and no correspondence courses completed between April 1, 1968, to April 19, 1968, the period during which the accident occurred.
- Claimed conditions
- Facial injury, Cranial injury, Loss of the right eye, Thoracolumbar strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 23, 2008
- Citation
- 0813333
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 claims for service connection for a facial injury, head injury, and left thumb injury as there was no evidence of current disability or functional impairment. The claims for GERD, squamous mucosa, migraine headaches, and hypertension were remanded for further development.
- Granted
The Board granted an increased disability rating of 40 percent for thoracolumbar strain, restored the 50 percent disability rating for bilateral pes planus, and restored basic eligibility for Dependents' Educational Assistance (DEA) benefits.
- Partly granted
The Board granted service connection for left and right lower extremity peripheral neuropathy, as secondary to the Veteran's service-connected diabetes. The Board also granted an initial 20 percent rating for thoracolumbar strain effective from February 8, 2010.
- Remanded (sent back)
The Board remands the claims for further development and examination to determine the nature and etiology of the Veteran's psychiatric disorder, right middle finger injury, vaginal disorder, hemorrhoids, and thoracolumbar strain.
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.