The Board found that the severance of service connection for headaches resulting from head trauma was proper due to clear and unmistakable error (CUE) in the November 2006 rating decision, as the evidence showed that all facial/head injuries leading to a claim for headaches were the result of injuries sustained while intoxicated.
The deciding factor: The Board determined that the November 2006 rating decision was CUE because it granted service connection based on an injury from willful misconduct (alcohol intoxication), and the October 2014 rating decision that severed service connection was consistent with the laws and regulations then in effect.
- Claimed conditions
- Headaches resulting from head trauma
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 4, 2019
- Citation
- A19000004
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
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