The Board denied service connection for various disabilities, including tinnitus, right ankle disability, right elbow necrotic ulcer with scar, pelvic fracture, basilar skull fracture, right medial orbital wall fracture, right ear hearing loss disability, tracheostomy, right pulmonary contusion, grade VI liver laceration, status post-surgical repair, intraperitoneal bladder rupture, status-post surgical repair, splenetic laceration, status post multiple laparotomy repairs, scar secondary to a tracheostomy, scarring from stomach surgery, subarachnoid hemorrhage, and traumatic brain injury. The decision was based on the finding that these disabilities were not incurred or aggravated by service due to willful misconduct.,The Board also denied service connection for a right ankle disability, as it was determined that the Veteran's tinnitus did not have its onset in service and is not otherwise related to service.
The deciding factor: The Board found that the Veteran’s disabilities were caused by his own willful misconduct during the May 2009 motor vehicle accident. The evidence showed that the Veteran was legally intoxicated at the time of the accident, which constitutes willful misconduct.,The Board also noted that tinnitus did not have its onset in service and is not otherwise related to service.
- Claimed conditions
- tinnitus, right ankle disability, right elbow necrotic ulcer with scar, pelvic fracture, basilar skull fracture, right medial orbital wall fracture, right ear hearing loss disability, tracheostomy, right pulmonary contusion, grade VI liver laceration, status post-surgical repair, intraperitoneal bladder rupture, status-post surgical repair, splenetic laceration, status post multiple laparotomy repairs, scar secondary to a tracheostomy, scarring from stomach surgery, subarachnoid hemorrhage, traumatic brain injury, residuals of right seventh cranial nerve dysfunction
- How they argued it
- Not specified
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- July 1, 2020
- Citation
- 20044287
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. Read the original VA decision (opens in a new tab) using citation 20044287.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Board has remanded the claims for service connection for hearing loss, tinnitus, and an acquired psychiatric disorder due to incomplete medical records and need for further examination.
- Whole decision: Denied
The Board denied the Veteran's claims for service connection for tinnitus, arthritis, and memory loss. The decision found no evidence linking these conditions to his military service.
- Whole decision: Granted
The Veteran's tinnitus is granted as service connected. The issues of foot disability and cardiovascular disorder are remanded for additional development.
- Whole decision: Granted
The Board has granted service connection for tinnitus, finding that it is at least as likely as not that the Veteran experienced tinnitus during his active duty service.
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