The veteran's discharge from his period of service was under dishonorable conditions, and he is barred from VA compensation benefits for that period. The claims for service connection for various disabilities were denied as there is no evidence to support a direct link between the claimed conditions and his active duty.
The deciding factor: The appellant committed acts of moral turpitude during his second period of service, which led to his discharge under dishonorable conditions. There was no evidence showing that these offenses were due to disease or that he was insane at the time they occurred. Additionally, there is insufficient evidence linking any of the claimed disabilities to his active duty.
- Claimed conditions
- PTSD, acquired psychiatric disorder, substance abuse disability, residuals of clavicle injury, disability of upper extremities, disability of lower extremities, neck disability, back disability, eye disability, pulmonary disability, respiratory disability, hypertension, residuals of concussion
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 15, 2009
- Citation
- 0901701
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.
- Granted
The Board granted an effective date of October 21, 2021, for the grant of service connection for hypertension.
- Remanded (sent back)
The Board remands the issue of entitlement to service connection for a back disability due to a duty to assist error, specifically regarding VA's failure to provide the Veteran with a VA examination prior to the rating decision.
- Remanded (sent back)
The Board remands the claim for service connection for an acquired psychiatric disorder to ensure a proper examination and etiology opinion are provided.
- Dismissed
The appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
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