The veteran's claim for nonservice connected disability pension was received on September 8, 2003. The Board found that the veteran did not have a physical or mental condition preventing him from filing his claim prior to this date due to willful misconduct. Therefore, the effective date remains as of September 8, 2003.
The deciding factor: The veteran's medical records showed he was hospitalized for alcohol detoxification in February 2003 and had a hand-written note indicating he could not work due to hepatitis C and tuberculosis in August 2003. The Board found that his hospitalization was due to willful misconduct (alcohol abuse) and thus did not qualify as an incapacitating disability.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- November 6, 2008
- Citation
- 0838405
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 0838405.
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).
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