The Board has determined that the Veteran's TBI and left eye disability are not service-connected due to willful misconduct. The remaining claims for hearing loss, tinnitus, left knee, and low back disabilities require further development.
The deciding factor: Service connection cannot be granted as the proximate cause of the injuries was the Veteran's intoxication during a fight he initiated while intoxicated, which constituted willful misconduct.
- Claimed conditions
- residuals of traumatic brain injury (TBI), left eye disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 18, 2015
- Citation
- 1535294
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 1535294.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's appeal regarding service connection for residuals of TBI has been withdrawn. The cases of service connection for left shoulder and right knee disabilities are being remanded due to a duty to assist error.
- Remanded (sent back)
The Board has decided to remand the case due to duty-to-assist errors, including failing to obtain SSA records and VA medical opinions regarding whether the Veteran's left eye disability is secondary to his service-connected hypertension.
- Denied
The Board denied service connection for anxiety, depression, teeth grinding, residuals of TBI, sleep disability, breathing disability, and IBS as there was no evidence showing these conditions were incurred or aggravated by military service.
- Dismissed
The Board has dismissed all service connection claims and rating determinations due to the Veteran's withdrawal of his appeal.
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