The Veteran's claims for increased ratings for patent foramen ovale, right upper extremity weakness due to TIAs, and TDIU were denied. The Board found that the Veteran did not meet the criteria for a higher rating under any applicable diagnostic codes.
The deciding factor: The evidence showed no residuals of the service-connected conditions, with the exception of mild neurocognitive disorder with depressive disorder, slight dysarthria, and erectile dysfunction with special monthly compensation based on loss of use of a creative organ. The Veteran's right upper extremity weakness was rated as 30 percent disabling under DC 8514.
- Claimed conditions
- {"condition_name":"Patent Foramen Ovale","status":"Surgically repaired in November 2008"}, {"condition_name":"Right Upper Extremity Weakness","status":"Residuals of TIAs (Transient Ischemic Attacks)"}
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 15, 2019
- Citation
- 19103735
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
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