The Board denied the appellant's claim, finding that his discharge from military service was under dishonorable conditions due to a conviction of rape in the second degree and domestic violence. The character of his discharge is therefore considered a bar to VA benefits.
The deciding factor: The appellant accepted an undesirable discharge in lieu of court martial based on civilian charges involving a sexual assault (rape in the second degree) and domestic violence committed during active duty service, which falls under moral turpitude as defined by VA regulations.
- Claimed conditions
- rape in the second degree, domestic violence
- How they argued it
- Not specified
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- January 16, 2015
- Citation
- 1502286
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. Search VA.gov for the original decision (opens in a new tab) using citation 1502286.
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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