The Board finds that the veteran's arteriovenous malformation (AVM) is a congenital defect and pre-existed his active service, but there is clear and unmistakable evidence that it was not aggravated beyond its normal progression during active military service. However, the presumption of soundness applies, and the veteran is presumed to have been in sound condition upon entering service. The Board finds that the veteran's AVM underwent an increase in severity due to superimposed disease and/or injury during service, resulting in chronic disability.
The deciding factor: The medical experts who have addressed this matter found that the veteran did experience worsening manifestations of his AVM during service, and that the veteran's in-service chronic reflex sympathetic dystrophy of the right upper extremity, and stroke and resulting hemiplegia shortly after service, were manifestations of his AVM and related disease processes.
- Claimed conditions
- residuals of a stroke, status post craniotomy with removal of left cerebral arteriovenous malformation with residual right hemiplegia and seizures
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 9, 2009
- Citation
- 0901042
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the veteran's claims for increased ratings and service connection, finding that the evidence did not support a higher rating or service connection.
- Remanded (sent back)
The Board remands the claims for service connection for diabetes mellitus, a heart condition, and residuals of a stroke for further development.
- Granted
The Board granted service connection for a stroke, finding it at least as likely as not that the Veteran's stroke was proximately due to his service-connected hypertension.
- Partly granted
The Board denied service connection for memory loss, sleep apnea, hypertension, diabetes, residuals of a stroke, and tremors. However, it granted service connection for bladder cancer and prostate cancer.
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