The Veteran's claims for compensation under 38 U.S.C.A. § 1151 for residuals of a cerebrovascular accident (CVA) and right shoulder disability, characterized as a right shoulder rotator cuff tear, were denied because the evidence did not support that VA carelessness or negligence caused his additional disabilities.,The Veteran's CVA was not found to be related to the March 2005 surgical procedure. The examiner noted that the risk of stroke after an aortic valve repair is known and disclosed on the consent form, thus no negligence occurred.
The deciding factor: The VA medical records did not show any evidence of negligence or improper care by VA caregivers.
- Claimed conditions
- Cerebrovascular Accident (CVA), Right Shoulder Rotator Cuff Tear
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 11, 2016
- Citation
- 1605504
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 1605504.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's appeals for higher ratings on several conditions have been dismissed due to the Veteran withdrawing his appeals.,The Board has not assigned a specific rating or effective date as the claims are being remanded.
- Dismissed
The Veteran's appeals for higher ratings and effective dates related to CVA, obstructive sleep apnea, major depressive disorder, and gout have been dismissed.,The Veteran withdrew his claims for an initial rating in excess of 10 percent for a CVA with residuals, an effective date prior to January 14, 2011, for CVA, an initial rating in excess of 50 percent for obstructive sleep apnea, and an effective date prior to November 7, 2014, for obstructive sleep apnea.
- Remanded (sent back)
The Board has decided that the Veteran does not meet the eligibility criteria for PCAFC benefits due to a lack of personal care services needs. The case is being remanded to provide an adequate medical determination and correct any pre-decisional error.
- Denied
The Veteran's appeal for an increased rating for his right shoulder disability and scar was denied. The Board found that the evidence did not support a higher rating based on limitation of motion or other criteria.
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