The veteran's head trauma and right eye disability were not incurred in the line of duty due to his willful misconduct.
The deciding factor: The accident was a direct result of the veteran's willful misconduct, as he consumed alcohol at lunch, became intoxicated, and then chose to drive his vehicle despite being aware of his limitations.
- Claimed conditions
- Residuals of head trauma, Right eye disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 30, 2009
- Citation
- 0903249
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 service connection for various disabilities, including an acquired psychiatric disability, alcohol abuse, a liver disability, and hand and eye disabilities, as the evidence did not support a finding that these conditions were related to service or secondary to any service-connected condition.
- Denied
The Board denied service connection for bilateral hearing loss, tinnitus, right shoulder disability, left elbow disability, right elbow disability, left ankle disability, and right ankle disability as the evidence did not support a finding of a current disability related to service. The claims for psychiatric disability, obstructive sleep apnea, left eye disability, right eye disability, cervical spine disability, and left shoulder disability were remanded.
- Granted
The Board granted earlier effective dates for the awards of service connection for various residual scars and a right eye disability, with an effective date of January 2, 2015, but no earlier.
- Denied
The Board denied service connection for bilateral hearing loss and various increased rating claims, as well as effective date claims, while remanding the claim for service connection for Hodgkin's disease.
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