The Board found that the evidence is in equipoise regarding whether the veteran's cerebrovascular accident and postoperative pacemaker implant are related to his service-connected mitral valve annuloplasty. The decision grants service connection for both conditions.
The deciding factor: The VA examiners' opinions were not definitive on the relationship between the veteran's annuloplasty and his subsequent syncope or CVA, leading to a finding of equipoise in the evidence.
- Claimed conditions
- Residuals of cerebrovascular accident, Postoperative residuals of pacemaker implant due to vasodepressor syncope
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 18, 2004
- Citation
- 0428603
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 0428603.
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
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The Veteran sustained a cerebrovascular accident as a result of VA's surgical procedure in January 1998 to remove a blockage from his common carotid artery. The surgery was performed without proper informed consent, and the Board found that this event was not reasonably foreseeable.
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