The Board found that the Veteran's multiple claimed disabilities were not the proximate result of active duty and were, in fact, due to his own misconduct.
The deciding factor: The evidence demonstrated that the Veteran was intoxicated at a blood alcohol level of 0.24 which made him an unfit driver, driving at a speed far in excess of the legal speed limit, and that this misconduct was the proximate cause of his injuries.
- Claimed conditions
- residuals of a left clavicle fracture, residuals of a left radius and ulna fracture with scar on the forearm/elbow and degenerative joint disease of the left elbow, history of cellulitis of the left hand and wrist with polyarthritis of the left wrist, residuals of a left hand fracture with deformity, scars, and degenerative joint disease, residuals of fractured ribs, residuals of a splenectomy, residuals of liver and kidney lacerations with scars of the abdomen and lower back, bilateral ankle scars
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 17, 2009
- Citation
- 0905652
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 hemorrhoids, scars, low back disability, left ankle disability, left and right shoulder disabilities, and left and right hip disabilities as the evidence did not show that the Veteran had these conditions or related symptoms during the appeal period.
- Partly granted
The Board denied service connection for several disorders, granted service connection for tinnitus, and remanded additional claims for further development.
- Denied
The Board denied the veteran's request for an earlier effective date for service connection for various conditions, including cervical spine disability, numbness of upper extremities, right shoulder impingement syndrome, allergic rhinitis, and scars.
- Denied
The Board denied service connection for multiple conditions, including fatigue, bilateral eye disability, hypertension, diabetes mellitus, GERD, penile condition, left foot disability, and others. Some claims were remanded for further development.
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.