The Board denied an initial disability rating in excess of 40 percent for the service-connected residuals of a stroke, manifested by right leg weakness, and an initial disability rating in excess of 10 percent for the service-connected residuals of a stroke, manifested by aphasia.
The deciding factor: The veteran's symptoms did not more closely approximate severe incomplete paralysis of the sciatic nerve or moderate incomplete paralysis of the tenth cranial nerve as required for higher ratings under Diagnostic Codes 8520 and 8210 respectively.
- Claimed conditions
- Residuals of a stroke, manifested by right leg weakness, Residuals of a stroke, manifested by aphasia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 2, 2009
- Citation
- 0900115
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.
- Denied
The Board denied service connection for various disabilities, including an acquired psychiatric disability, headaches, a back disability, heart disability, and residuals of a stroke, as the evidence did not support a finding that these conditions were related to the Veteran's active service or caused by his service-connected left ear disabilities.
- Partly granted
The Board granted service connection for diabetes mellitus type II and an initial 10 percent rating, but no higher, for hypertension. The remaining claims for service connection were denied.
- Denied
The Board denied service connection for PTSD, an acquired psychiatric disorder other than PTSD, hypertension (HTN), and residuals of a stroke.
- Denied
The Board denied the veteran's claims for increased ratings, TDIU, and service connection for various conditions, including heart disease, diabetes mellitus type II, hypertension, stroke residuals, right knee disorder, left knee disorder, and a seizure disorder.
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