The Board has determined that the Veteran's disabilities resulting from his May 1998 motor vehicle accident were not incurred in the line of duty and are instead a result of his own willful misconduct, leading to a denial of service connection.
The deciding factor: The March 2005 Physical Evaluation Board found that the Veteran's residuals of the May 1998 motor vehicle accident were not the result of intentional misconduct or willful neglect. However, this finding does not change the fact that his disabilities are due to his own actions resulting in the accident.
- Claimed conditions
- Traumatic brain injury, Dementia, Right C5, C6 radiculopathy, Dysarthria, Multiple facial fractures, Right humerus fracture, Right femur fracture, Right first metacarpal fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- May 6, 2010
- Citation
- 1016891
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. Read the original VA decision (opens in a new tab) using citation 1016891.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Granted
The Veteran's claim for an earlier effective date of July 10, 2010, for the award of special monthly compensation based on need for regular aid and attendance due to residuals of traumatic brain injury under 38 U.S.C. 1114(t) is granted.
- Whole decision: Granted
The Veteran's PTSD with cognitive impairment or dementia was rated at 50 percent from July 11, 2005 to March 4, 2021. From March 4, 2021, the Veteran's condition was rated at 100 percent.
- Whole decision: Remanded (sent back)
The Board has remanded the case due to insufficient medical opinions regarding whether the Veteran's service-connected anxiety disorder and exposures at Camp LeJeune contributed to his cause of death. The VA must obtain an addendum opinion addressing these issues.
- Whole decision: Denied
The Board has determined that the Veteran's death was not caused by any service-connected disability, and thus denied his claim for service connection for cause of death.
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