The Board found that the appellant's character of discharge was under other than honorable conditions due to willful and persistent misconduct, and therefore his service is not considered honorable. As a result, he cannot be considered a Veteran for purposes of receiving VA benefits.
The deciding factor: The appellant committed multiple offenses involving willful and persistent misconduct during his military service, including being AWOL, disobeying orders, and fighting while under the influence of alcohol. These offenses were found to constitute dishonorable conduct leading to an OTH discharge.
- Claimed conditions
- alcoholism, adjustment disorder with depressed mood, fractured cervical spine from C-5 to C-7, failed cervical fusion, chronic pain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 23, 2010
- Citation
- 1023336
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 1023336.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
This decision grants service connection for erectile dysfunction and assigns a noncompensable rating, effective November 6, 2020. The Veteran's adjustment disorder with depressed mood is granted as service-connected, also effective November 6, 2020. An effective date prior to November 6, 2020, is denied for the award of service connection for GERD and right lower extremity radiculopathy.,An effective date prior to November 6, 2020, is denied for the award of service connection for GERD and right lower extremity radiculopathy.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's alcoholism is secondary to his service-connected adjustment disorder with anxiety and depression.
- Granted
The Board has determined that the Veteran's death was due to his service-connected adjustment disorder with depressed mood, which contributed substantially or materially to his death. Therefore, service connection for the cause of the Veteran's death is granted.
- Remanded (sent back)
The Veteran's initial compensable rating for adjustment disorder with depressed mood is denied, and the claim for service connection for a bilateral foot condition is remanded due to lack of a VA examination.
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