The veteran's cardioembolic stroke was not caused by VA care, but the proximate cause of his condition was deemed to be the veteran's own negligence in not following medical instructions.
The deciding factor: VA care did not result in the veteran's additional disability or death; instead, it was due to the veteran's failure to follow proper medical instructions.
- Claimed conditions
- cardioembolic stroke
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 10, 2008
- Citation
- 0822694
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 0822694.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's appeal for a higher rating for chronic lymphocytic leukemia was denied, and his claim for additional SMC under 38 U.S.C. § 1114(p) and 38 C.F.R. § 3.350(f)(4) at the rate higher than subsection (m) was also denied.
- Denied
The Board denied the Veteran's claim for compensation benefits under 38 U.S.C.A. § 1151, finding that his cardioembolic stroke was not caused by VA carelessness, negligence, or error in judgment.
- Remanded (sent back)
The Board has remanded the case for further development and readjudication due to incomplete medical records and need for a supplemental opinion from the VA examiner.
- Denied
The Board found that the veteran's cardioembolic stroke was not caused by VA carelessness, negligence, or error in judgment. The occurrence of the stroke during a cardiac catheterization procedure was considered an event reasonably foreseeable.
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