BVA Case 23-1665: Ptsd

In February 2019,the Board denied the appellant's motion alleging CUE in the October 1997 administrative decision finding that the MVA was not incurred in the line of duty.

The Board found that the appellant's TBI was caused by the MVA,which was the result of his willful misconduct.

The Board noted that the appellant did not dispute that he had been driving at the time of the accident,had pleaded guilty to reckless driving to endanger, and had acknowledged his wrongdoing.

The Board found that the appellant's conviction for reckless driving surpassed a mere technical violation and is a very dangerous crime that creates a serious risk of harm to other people.

The Board determined that the appellant had been driving 70 miles per hour on an unfamiliar road and,although he asserts that his BAC did not exceed the legal limit at that time, that behavior constituted willful misconduct.

The Board pointed out that the appellant's complete records were in his file and did not contain an LOD determination;applying the presumption of regularity,the Board found that the appellant did not show by clear evidence that the Army had failed to include a determination with his file and that the most likely explanation is that a line of duty determination was never made.

However,the Board found the appellant's other assertions about his alcohol consumption and rate of speed before and during the MVA not credible.

The Board noted that the appellant said he had no memory of the hours before the accident or the accident itself,so he was not competent to report his alcohol consumption or the vehicle's speed at the time of the MVA.