The Veteran seeks compensation benefits under 38 U.S.C. § 1151 for the residuals of a stroke that he contends occurred as the result of an error during surgery provided by VA-employed surgeon at a non-VA facility in December 2010.
The deciding factor: The case is being remanded to determine whether the surgery was performed under a contract made pursuant to 38 U.S.C. § 1703 or provided under 38 U.S.C. § 8153, and to obtain a medical opinion addressing whether the stroke that occurred during surgery was an unforeseeable event.
- Claimed conditions
- left hemiplegia, cerebral vascular accident (stroke)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- January 22, 2018
- Citation
- 1803883
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. Read the original VA decision (opens in a new tab) using citation 1803883.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Granted
The Veteran's service-connected expressive aphasia with left hemiplegia is rated at a 100 percent initial rating effective October 4, 2024. The Veteran also receives SMC for complete organic aphonia with constant inability to communicate by speech, loss of use of the left arm, and loss of use of the left leg.
- Whole decision: Dismissed
The appeal for compensation under 38 U.S.C. § 1151 for a stroke caused by VA treatment has been withdrawn and is dismissed.
- Whole decision: Remanded (sent back)
The Board has remanded the claims for further development due to insufficient evidence regarding the Veteran's acute right cerebrovascular accident and left hemiplegia, including potential service connection based on exposure to contaminated water at Camp Lejeune.
- Whole decision: Granted
The Veteran's hypertension is granted as presumptively related to herbicide exposure during service.,Left leg and neck carotid artery disease are not presumed or directly linked to service, but the appeal is granted due to the PACT Act which now includes this condition in the list of diseases presumptively associated with herbicide exposure.,Cerebral vascular accident (stroke) is not presumed or directly linked to service, and the appeal is denied.
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