The Veteran's bilateral upper extremity paralysis was due to an event not reasonably foreseeable caused by his February 2009 VA cardiac surgery, and the Board finds that this meets the criteria for compensation under 38 U.S.C. § 1151.
The deciding factor: The Board found that the risk of bilateral upper extremity paralysis was not a reasonably foreseeable event due to the nature of his surgery and the informed consent process followed by the VA, leading to a finding in favor of the Veteran.
- Claimed conditions
- bilateral upper extremity paralysis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 5, 2015
- Citation
- 1519356
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 1519356.
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
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Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
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- Dismissed
The Board dismissed all the issues related to service connection and compensation for various disabilities, including hearing loss, back injury, scars, paralysis of upper and lower extremities, and TDIU. The decision also noted that the appellant died during the appeal process.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
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