The Board denied the Veteran's claim for service connection for a substance abuse disorder as it was determined that the disability resulted from willful misconduct and not due to his military service.
The deciding factor: Service connection is precluded by law for disabilities resulting from alcohol or drug abuse, which includes substance abuse disorders, unless such abuse is secondary to a primary service-connected disability. In this case, there is no evidence of a primary service-connected disability that caused the Veteran's substance abuse disorder.
- Claimed conditions
- substance abuse disorder, low back disorder, major depression
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 20, 2009
- Citation
- 0910496
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.
- Remanded (sent back)
The Board remands the claims for service connection for major depression, personality disorder, and severe anxiety due to an inadequate VA examination and opinion.
- Dismissed
The appeal was dismissed due to the Veteran's death while it was pending.
- Partly granted
The Board granted service connection for generalized anxiety disorder and denied service connection for a lower back disorder. The claims for depression, substance abuse disorder, and a compensable initial rating for bilateral hearing loss were dismissed.
- Remanded (sent back)
The Board remands the claim for service connection for a low back disorder to obtain additional medical evidence and ensure that the Veteran is afforded every possible consideration.
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