The Veteran has been granted compensation under 38 U.S.C.A. § 1151 for residuals from a cerebrovascular accident with left arm paralysis, as the care provided by VA on August 16, 2004, was indicative of lack of proper skill or error in judgment.
The deciding factor: The carotid massage administered to the Veteran on August 16, 2004, caused a cerebrovascular accident resulting in left arm paralysis. The medical opinions indicate that this care fell below the standard of care and was indicative of a lack of proper skill or error in judgment.
- Claimed conditions
- Left upper extremity weakness, Left arm paralysis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 7, 2009
- Citation
- 0917091
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 0917091.
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 an earlier effective date for service connection for multiple sclerosis and other conditions, as VA did not receive a claim within one year of separation from service or prior to February 6, 2023.
- Granted
The Veteran's service-connected disabilities render her unable to maintain substantially gainful employment, and the Board has granted a TDIU based on this finding.
- Denied
The Veteran's left upper extremity weakness is rated at 60 percent, and his left lower extremity weakness is rated at 40 percent since November 25, 2008. The Veteran's request for a higher initial disability rating for both conditions has been denied.
- Remanded (sent back)
The Board has remanded the case for further development, including obtaining medical records and scheduling examinations to clarify diagnoses and determine etiology.
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