The Board denied the Appellant's claim that his character of discharge is a bar to VA benefits due to a continuous period of AWOL for over 180 days. The upgraded discharge did not set aside the bar to benefits.
The deciding factor: Compelling circumstances were not found to warrant the prolonged unauthorized absence from service, particularly given the Appellant's age and lack of evidence supporting specific family emergencies or obligations during his final period of AWOL.
- Claimed conditions
- Alcoholism, Drug Use
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 5, 2019
- Citation
- 19116133
Veterans Law Judge
Decisions by this judge: 2,645 · Granted: 19% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19116133.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The appeal for service connection for PTSD was dismissed due to an improper concurrent election of review options, and the claim for alcoholism was denied as a matter of law.
- Partly granted
The Board granted an earlier effective date for the award of service connection for PTSD beginning March 16, 2010 and denied a motion for revision of an August 2007 rating decision on the basis of clear and unmistakable error (CUE). The Board also granted service connection for alcoholism, major depressive disorder, congestive heart failure, cardiomyopathy, sleep apnea, and increased ratings for PTSD.
- Remanded (sent back)
The Board has remanded the Veteran's claim of service connection for an acquired psychiatric disorder due to a lack of a VA medical examination and opinion prior to rating his disability. The Veteran is diagnosed with multiple psychiatric disabilities, including depression, anxiety, irritability and anger, trauma/stressor-related disorder, and alcoholism. The Board requires a VA examination to determine the nature and etiology of these conditions.
- Remanded (sent back)
The Board has decided to remand the case due to an inadequate VA medical opinion regarding the cause of death and its relation to service-connected conditions.
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