The Veteran's thoracic strain is currently rated at 20 percent, and the Board finds that his injuries were not incurred in the line of duty due to willful misconduct. The claim for a higher initial rating is denied.
The deciding factor: The evidence shows that the Veteran was intoxicated and fell asleep on an interstate highway, resulting in the September 1971 motor vehicle accident and injuries. His signature on his separation examination indicates he had been told he had fallen asleep while driving under the influence of alcohol, which proximately caused the injury.
- Claimed conditions
- Thoracic strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 23, 2015
- Citation
- 1553754
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 1553754.
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).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Denied
The Board has denied the Veteran's claim for a total disability rating based upon individual unemployability due to service-connected disabilities (TDIU) as there is no evidence that he is unable to secure or follow substantially gainful employment due to his service-connected conditions.
- Whole decision: Granted
The Board has granted an increased rating of 40 percent for thoracic strain throughout the review period, which represents a full grant of benefits sought on appeal.
- Whole decision: Denied
The Veteran's claim for a rating in excess of 20 percent for his thoracic spine disability was denied by the Board, as his current range of motion does not meet the criteria for a higher rating.
- Whole decision: Partly granted
The Board denied a rating in excess of 10 percent for the service-connected thoracic strain and dismissed the appeal regarding the proposal to sever service connection for vitamin D deficiency.
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