The Board has determined that the gunshot wound sustained on March 6, 1982 was not incurred in the line of duty due to the appellant's own willful misconduct. The claim for service connection for residuals of a gunshot wound and disability due to HIV exposure is denied as these are nonservice-connected disabilities. Service connection for an acquired psychiatric disability is also denied.
The deciding factor: The gunshot wound was determined to be caused by the appellant's own act of willful misconduct, which precludes it from being considered incurred in the line of duty and thus not service connected.
- Claimed conditions
- residuals of a gunshot wound to the right chest with retained bullet fragment near the spine, disability due to HIV exposure, an acquired psychiatric disability
- How they argued it
- Not specified
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- January 6, 2016
- Citation
- 1600394
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 1600394.
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 Veteran's application to revise a November 2001 rating decision, which assigned an initial 30 percent rating for an acquired psychiatric disability due to service connection on the merits, is denied as there is no clear and unmistakable error in the decision.
- Whole decision: Remanded (sent back)
The Veteran's claim for a higher initial rating for tinnitus is denied. The Board has remanded the remaining claims of service connection for hypertension and an acquired psychiatric disability.,The Veteran's claims for service connection for hypertension and an acquired psychiatric disability, to include PTSD and other specified trauma and stressor related disorder, are being remanded due to incomplete evidence and procedural errors.,
- Whole decision: Remanded (sent back)
The Veteran's claims for service connection are being remanded due to the need for additional medical opinions and examinations.
- Whole decision: Remanded (sent back)
The Veteran's claim for service connection for left knee patellofemoral pain syndrome is being remanded due to the submission of new and relevant evidence.,Service connection has been granted for tinnitus, with the condition presumed related to in-service noise exposure.
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