The Veteran's service-connected conditions were denied as they were not incurred in the line of duty due to his own willful misconduct during a motor vehicle accident (MVA). The claims for higher ratings for migraine headaches and traumatic brain injury (TBI) are also denied.
The deciding factor: The MVA was determined to be the result of the Veteran's willful misconduct, which means it was not incurred in the line of duty. As such, service connection cannot be established for these conditions.
- Claimed conditions
- status post right acetabulum fracture and pelvic fracture, open reduction and internal fixation surgery, limitation of flexion of the thigh, limitation of extension of the right thigh, muscle atrophy affecting muscle group XIV, numbness of the right hip and thigh due to nerve injury affecting the right femoral nerve, right thigh hematoma, linear scars on both hips and right ankle, non-linear circular scar of the right thigh
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 11, 2019
- Citation
- A19000299
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.
- Granted
The Board granted an effective date of November 8, 2020, for the award of service connection for various disabilities including cervical spine stenosis, degenerative arthritis, IVDS status post fusion surgery with residuals, right and left shoulder strains and degenerative arthritis status post joint replacement with residuals, right and left knee strains and degenerative arthritis status post joint replacement with residuals, left hip degenerative arthritis, limitation of extension of the right thigh, limitation of abduction of the right thigh, limitation of extension of the left thigh, and limitation of abduction of the left thigh.
- Partly granted
The Board denied increased ratings for the Veteran's knee and hip disabilities, granted a 20% rating for right knee semilunar cartilage condition and left knee semilunar cartilage condition, and denied service connection for hypertension and type II diabetes mellitus.
- Dismissed
The Board dismissed the claims for increased ratings and TDIU due to the Veteran's withdrawal of his appeals.
- Remanded (sent back)
The Board remands the issues of entitlement to a temporary total evaluation, increased ratings for right hip and thigh disabilities, as well as other related matters, for further development and readjudication.
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