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Whole decision: Denied

The Board has determined that the veteran's left hemisphere cerebrovascular accident with residual weakness of the right upper extremity did not result from VA negligence or carelessness, and thus denied his claim for compensation under 38 U.S.C.A. § 1151.

The deciding factor: The evidence does not support a finding that VA's actions caused the veteran's stroke, as he was eligible to receive treatment but delayed seeking it due to scheduling issues.

Claimed conditions
left hemisphere cerebrovascular accident, residual weakness of the right upper extremity
How they argued it
Direct service connection
Exposure basis
None
Rating
Not verified here — check the original decision
Decision date
November 6, 2008
Citation
0838441

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. Search VA.gov for the original decision (opens in a new tab) using citation 0838441.

What this means for you

A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.

What you can do next

Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).

Related decisions

Other Board decisions on a similar condition or argued the same way.

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