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 assigned
- None in this 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. Look up the original decision on VA.gov (opens in a new tab) using citation 1803883.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- 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.
- Dismissed
The appeal for compensation under 38 U.S.C. § 1151 for a stroke caused by VA treatment has been withdrawn and is dismissed.
- 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.
- 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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