The Board found that the decedent's death was due to his own willful misconduct, specifically alcohol intoxication and attempting to swim across a river in the dark. The evidence supports this conclusion.
The deciding factor: The decedent had a blood alcohol concentration of 0.202 percent ethanol at the time of death, indicating he was intoxicated and engaged in an activity for which he was unqualified due to his intoxication.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- November 14, 2012
- Citation
- 1238848
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 1238848.
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).
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