The Board found that the appellant's psychiatric disability, sinus disability, and chronic headache disorder were not incurred in or aggravated by service due to his alcohol intoxication during a June 1998 incident. The Board concluded that these disabilities resulted from willful misconduct.
The deciding factor: The appellant was convicted of assault and other offenses for which he was found guilty during a court-martial held on the same day as the alleged incidents resulting in his psychiatric disability, sinus disability, and chronic headache disorder. His alcohol intoxication at the time of these events constituted willful misconduct, negating any claim of service connection.
- Claimed conditions
- Post-Traumatic Stress Disorder (PTSD), Chronic Headache Disorder, Sinus Disability
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 12, 2008
- Citation
- 0839003
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 0839003.
What this means for you
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The Board has granted eligibility to attorney fees based on past-due benefits awarded in the October 2024 rating decision for an increased PTSD rating and denied TDIU.
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