The veteran's claim for an earlier effective date for a separate evaluation of 100 percent for brain damage, secondary to his service-connected cerebral vascular accident, was denied by the RO.
The deciding factor: The effective date cannot be earlier than November 30, 1998 as it is factually ascertainable that the increase in disability had occurred on or after this date.
- Claimed conditions
- Brain Damage, Cerebral Vascular Accident
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- June 9, 2004
- Citation
- 0414825
Veterans Law Judge
Decisions by this judge: 1,710 · Granted: 15% (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 0414825.
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.
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The Veteran's ratings for cerebral vascular accident with ataxia of bilateral lower extremities and left knee disability are restored, while the right knee disability is granted. The rating for left knee instability remains denied.
- Denied
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- Remanded (sent back)
The Board has remanded the case due to inadequate statement of reasons and bases, including failure to discuss attempts to obtain an examination during incarceration.
- Remanded (sent back)
The Board has remanded the Veteran's claim for compensation under 38 U.S.C. § 1151 due to insufficient attempts by the RO to obtain authorization from the Veteran for medical records related to his participation in a drug study.
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