The Board found that the appellant's discharge was not due to willful and persistent misconduct, thus not a bar to VA benefits.
The deciding factor: The Board determined that the appellant's AWOL of 63 days did not constitute willful and persistent misconduct as required by regulation.
- Claimed conditions
- Other than Honorable Discharge
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 14, 2015
- Citation
- 1516047
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 1516047.
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 determined that the appellant's service constituted a bar to VA benefits due to misconduct, and his discharge was under other than honorable conditions.
- Partly granted
The Board has reopened the appellant's claim and found new evidence that raises a reasonable possibility of finding that the appellant was insane at the time he went AWOL, which could potentially remove the bar to VA benefits. However, the Board also concluded that the appellant accepted an undesirable discharge to escape trial by court martial, which still serves as a bar to VA benefits.
- Denied
The Board found that the appellant's discharge was under dishonorable conditions due to willful and persistent misconduct, which bars him from receiving VA benefits.
- Remanded (sent back)
The veteran's discharge from military service on May 16, 1975, was deemed to be under conditions which constitute a bar to the payment of VA benefits. The Board is remanding this matter for further development and consideration.
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