The Veteran meets the basic eligibility requirements for educational assistance benefits under Chapter 30, Title 38, United States Code, due to his involuntary separation from service after completing two years and eight months of active duty. His physical conditions (overweight, excess fat, incapacity to perform sit-ups satisfactorily, and incapacity to perform a two-mile run) were found not to be the result of willful misconduct but interfered with his performance of duty.
The deciding factor: The Veteran's involuntary separation from service was due to failing physical standards (overweight, excess fat, incapacity to perform sit-ups satisfactorily, and incapacity to perform a two-mile run) which were not found to be the result of willful misconduct but interfered with his performance of duty.
- Claimed conditions
- overweight, excess fat, incapacity to perform sit-ups satisfactorily, incapacity to perform a two-mile run satisfactorily
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 13, 2011
- Citation
- 1126433
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 1126433.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
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 obesity and overweight, finding that these conditions are not considered disabilities subject to VA compensation purposes.
- Partly granted
The Veteran's claims for service connection have been reopened, but the Board has not found sufficient evidence to grant any of the individual conditions. The decision is mixed as some issues were granted and others denied.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
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.