The veteran's residuals of a stroke are not the result of VA failure to diagnose and treat properly, nor were they proximately due to VA carelessness or negligence. The Board finds that the claim for compensation under 38 U.S.C.A. § 1151 is denied.
The deciding factor: VA medical opinions found no evidence supporting the veteran's claim that his stroke was caused by any VA action or inaction, and concluded that the residuals of a stroke are not the result of VA carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA.
- Claimed conditions
- stroke
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 27, 2006
- Citation
- 0608799
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The veteran's claims for service connection for various conditions were denied, except for tinnitus and bilateral hearing loss disability which were granted. The veteran was also granted service connection for hypertension.
- Dismissed
The appeal was dismissed due to the death of the appellant.
- Partly granted
The Board granted service connection for right middle knuckle disability, dry eye syndrome, bilateral foot disability, cervical spine disability, radiculopathy of the upper extremities, and anxiety disorder. The claim for a stroke was denied, as well as an increased rating for respiratory disability prior to December 8, 2021.
- Denied
The Board denied service connection for asthma, chronic sinusitis, recurrent bronchitis, Crohn's disease and ulcerative colitis, myocardial infarction, sleep apnea, stroke, right ear hearing loss, and hemorrhoids. The Veteran was also denied a compensable disability rating for left ear hearing loss.
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