The Board has determined that the Veteran's death was not due to his own willful misconduct, and therefore the presumption of service connection for the cause of death applies. The Veteran died from drowning while on active duty.
The deciding factor: The evidence does not support a finding that the Veteran's speeding alone constituted willful misconduct sufficient to rebut the presumption that his death occurred in the line of duty.
- Claimed conditions
- Drowning
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 12, 2023
- Citation
- 23038467
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 23038467.
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 remanded the case due to a failure in obtaining a final death certificate and autopsy report, which are necessary for determining the cause of the Veteran's death.
- Granted
The Board has granted service connection for the cause of the Veteran's death, finding that his death was not due to willful misconduct and was incurred in the line of duty.
- Denied
The Board denied service connection for the cause of the veteran's death, entitlement to accrued benefits, and basic eligibility for non-service connected VA pension benefits. The decision found that there was no evidence linking the veteran's death to any service-connected condition or exposure.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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