The Veteran claims he suffered a stroke in July 1989 due to VA treatment and seeks compensation under 38 U.S.C. § 1151 for additional disability resulting from the treatment. The February 2016 VA examination was inadequate as it did not apply the appropriate legal standard or consider the factual predicate of the case.
The deciding factor: The February 2016 VA examiner failed to apply the reasonable health care provider standard and his examination was based on an inaccurate factual predicate.
- Claimed conditions
- stroke, speech aphasia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 18, 2018
- Citation
- 1822972
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 1822972.
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.
- Denied
The Board denied service connection for asthma, COPD, pancreatitis, stroke, and left arm weakness (claimed as secondary to stroke) based on the presumption of exposure to contaminated water at Camp Lejeune. The evidence did not support a finding that these conditions were related to service or due to in-service exposure.
- Remanded (sent back)
The Board has found that the Veteran meets the basic medical eligibility criteria for PCAFC benefits due to his need for personal care services based on symptoms or residuals of neurological or other impairment or injury. However, further clinical evaluation is needed to determine if participation in the program is in the Veteran's best interest.
- Denied
The Board denied service connection for coronary artery disease, hypertension, and stroke as there was no evidence of herbicide agent exposure during service and the medical opinions were against a nexus to service.
- Remanded (sent back)
The Board has decided to remand the case due to a need for a medical opinion regarding whether the Veteran's stroke and its residuals are related to his service in Southwest Asia, given the PACT Act provisions.
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