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 assigned
- None in this 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. Look up the original decision on VA.gov (opens in a new tab) using citation 1016891.
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 bilateral hearing loss, right wrist pain, left wrist pain, right knee pain, left knee pain, and a traumatic brain injury as the evidence did not support that these conditions were incurred in or aggravated by active military service.
- Partly granted
The Board granted the Veteran's petitions to readjudicate claims for service connection for degenerative changes and disc space narrowing, C4/C5, C5/C6 and C6/7 neck injury and a traumatic brain injury based on new and relevant evidence. The claims for a cervical spine disorder, lumbar spine disorder, and bilateral radiculopathy with sciatica were remanded.
- Granted
The Veteran is granted special monthly compensation (SMC) based on the need for regular aid and assistance of another person due to his service-connected disabilities.
- Denied
The Board denied the Veteran's claims for an initial compensable rating for a facial scar on the skin of glabella and service connection for a traumatic brain injury.
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