The Board of Veterans' Appeals has determined that the veteran's death as a result of a stroke was not caused by any error in judgment, carelessness, negligence, or similar instance of fault on the part of VA, and thus compensation benefits pursuant to 38 U.S.C.A. § 1151 are denied.
The deciding factor: The medical evidence does not support a finding that the veteran's stroke was caused by the arterial surgery performed in February 2001, and there is no evidence of willful misconduct or unforeseen events related to VA treatment.
- Claimed conditions
- Stroke
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 26, 2008
- Citation
- 0806465
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 0806465.
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.
- Remanded (sent back)
The Board has determined that remand is required for several issues, including service connection for stroke and memory loss, as well as an increased rating for PTSD. The AOJ must verify the Veteran's claimed in-service exposures, obtain all relevant treatment records, and provide a medical nexus opinion regarding the nature of his disabilities.
- Denied
The Board found that the Veteran does not require personal care services for a minimum of six continuous months due to his ability to perform activities of daily living independently and manage his health without assistance.
- Remanded (sent back)
The Board has remanded the claims for service connection due to incomplete records and the need for additional medical opinions. The Veteran's hypertension is presumed based on exposure under the PACT Act.
- Remanded (sent back)
The Board has determined that the VA medical providers who treated the Veteran prescribed lisinopril and HCTZ despite his allergy, and it is unclear if he was informed of all risks. The Board also needs to determine if any of these medications caused a stroke or if a stroke was foreseeable given his allergy.
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