The Board has determined that the appellant's discharge from service was due to willful and persistent misconduct, which bars VA benefits. The claim is granted in part as it reopens the issue of whether the character of his service is a bar to receiving VA benefits.
The deciding factor: The evidence shows a consistent pattern of serious misconduct throughout the appellant's service that resulted in his discharge from service under other than honorable conditions, which constitutes willful and persistent misconduct.
- Claimed conditions
- unknown
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 16, 2019
- Citation
- 19129283
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has determined that the procedural error in placing the Veteran's appeal on the AMA Hearing Docket is not jurisdictional and waives its use. The matter is now REMANDED for issuance of a Statement of the Case on the timeliness issue.
- Remanded (sent back)
The Board has decided to remand the case due to non-compliance with previous remands and insufficient consideration of new evidence. The claim for nonservice-connected pension will be reconsidered.
- Remanded (sent back)
The Veteran's appeal is being remanded to address his challenge to the validity of the overpayment amount and his claim for apportionment of benefits. The Board cannot proceed with these issues until they are resolved.
- Dismissed
The Veteran withdrew their appeal, and the Board dismissed it due to the withdrawal.
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