The Board found that the original grant of service connection for an acquired psychiatric disorder was clearly and unmistakably erroneous due to willful misconduct, thus severing service connection.
The deciding factor: The regulatory provisions concerning willful misconduct and personality disorders were not applied or incorrectly applied in the original decision, leading to a clear error in granting service connection.
- Claimed conditions
- substance induced depressive disorder, alcohol use disorder, stimulant use disorder, gambling disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 27, 2022
- Citation
- 22042587
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 22042587.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's service-connected adjustment disorder with mixed anxiety and depressed mood, along with alcohol use disorder, has been granted a 100% evaluation effective from April 8, 2021. The disability causes total occupational and social impairment.
- Granted
The Veteran's service-connected PTSD, major depression, generalized anxiety disorder, insomnia and alcohol use disorder caused his sleep apnea.
- Denied
The Board denied the Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD and alcohol use disorder, finding that there is no current diagnosis of PTSD and that the Veteran's only diagnosed condition is alcohol use disorder. The Board also found that service connection cannot be granted due to willful misconduct.
- Remanded (sent back)
The Board has remanded the claims for service connection for PTSD and alcohol use disorder due to an error in notifying the Veteran of his right to a pre-decisional hearing before the AOJ.
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