The Veteran sustained a cerebrovascular accident as a result of VA's surgical procedure in January 1998 to remove a blockage from his common carotid artery. The surgery was performed without proper informed consent, and the Board found that this event was not reasonably foreseeable.
The deciding factor: VA failed to obtain informed consent for the January 1998 surgery, which resulted in the Veteran sustaining additional disability involving a cerebrovascular accident.
- Claimed conditions
- Cerebrovascular accident, Residuals of cerebrovascular accident
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 17, 2011
- Citation
- 1106677
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 1106677.
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.
- Remanded (sent back)
The Board remands the claims for service connection for adrenal gland tumor, hypertension, enlarged node of the breast, congestive heart failure, kidney disability, pulmonary edema, cerebrovascular accident, Conn's disease, and paralysis of left lower extremity to obtain a VA examination and opinion.
- Remanded (sent back)
The Board has remanded the issue of service connection for residuals of cerebrovascular accident, as secondary to service-connected hypertension. The Veteran's claim will be further evaluated with an addendum opinion.
- Remanded (sent back)
The Veteran's appeal is remanded due to the need for a medical opinion regarding the etiology of his cerebrovascular accident, which caused his visual field defect.
- Dismissed
The Veteran's TDIU claim is dismissed as moot because he is already receiving a 100% schedular rating for PTSD and SMC benefits at the housebound rate due to his service-connected disabilities.
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