The Veteran's stroke is found to be a result of VA's failure to properly diagnose and treat his condition, resulting in additional disability. The Board finds that the criteria for compensation under 38 U.S.C.A. § 1151 are met.
The deciding factor: VA's failure to pursue more aggressive treatment at the time of initial presentation to the VAMC in October 2003 - including by referring the Veteran to the emergency room for care rather than just having him seen in the primary care clinic, was tantamount to carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault.
- Claimed conditions
- stroke
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 1, 2009
- Citation
- 0912009
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 0912009.
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 service connection for asthma, COPD, pancreatitis, stroke, and left arm weakness (claimed as secondary to stroke) based on the presumption of exposure to contaminated water at Camp Lejeune. The evidence did not support a finding that these conditions were related to service or due to in-service exposure.
- Remanded (sent back)
The Board has found that the Veteran meets the basic medical eligibility criteria for PCAFC benefits due to his need for personal care services based on symptoms or residuals of neurological or other impairment or injury. However, further clinical evaluation is needed to determine if participation in the program is in the Veteran's best interest.
- Denied
The Board denied service connection for coronary artery disease, hypertension, and stroke as there was no evidence of herbicide agent exposure during service and the medical opinions were against a nexus to service.
- Remanded (sent back)
The Board has decided to remand the case due to a need for a medical opinion regarding whether the Veteran's stroke and its residuals are related to his service in Southwest Asia, given the PACT Act provisions.
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