The Board found that the Veteran's injuries sustained in a motor vehicle accident were not incurred in the line of duty due to his own willful misconduct and intoxication, resulting in denial of service connection for all three conditions.
The deciding factor: The Veteran was under the influence of alcohol at the time of the accident, which constitutes willful misconduct, thus preventing him from being considered a casualty of war or an injury incurred in the line of duty.
- Claimed conditions
- Right arm injury with scar, Residuals of fracture of right femur, Right knee condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 3, 2019
- Citation
- 19190543
Veterans Law Judge
Decisions by this judge: 2,188 · Granted: 23% (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 19190543.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has granted service connection for the Veteran's right knee condition as secondary to his service-connected right ankle condition.
- Dismissed
The Board dismissed the Veteran's appeals for higher disability ratings in excess of 20 percent for cervical spine and lumbar spine conditions, left knee condition, right knee condition, and sinusitis. The Veteran was granted service connection for chronic laryngeal papillomatosis.
- Remanded (sent back)
The Board has remanded the claims of service connection for psychiatric disorder, right shoulder condition, and right knee condition due to duty-to-assist errors.
- Remanded (sent back)
The Board has determined that new and relevant evidence has been received to readjudicate the claim of entitlement to service connection for right knee condition. The AOJ is therefore remanding this case.
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