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Denied

The Veteran's CVA residuals, including right lower extremity hemiparesis, right upper extremity hemiparesis, and right-side facial droop, have been rated as 10 percent, 20 percent, and 10 percent respectively from November 2002 to February 7, 2017. The Veteran's balance, dizziness, and gait disorder due to CVA were rated at 30 percent from November 2002 to February 7, 2017. For the period from September 2017, his cognitive deficits and MDD have been rated as 70 percent.,The Veteran's right lower extremity hemiparesis has not met criteria for a higher rating since November 2002 to February 7, 2017. The Veteran's right upper extremity hemiparesis was rated at 40 percent from November 2002 to February 7, 2017 and is denied for an increased rating.,The Veteran's right-side facial droop has not met criteria for a higher rating since November 2002 to February 7, 2017. The Veteran's balance, dizziness, and gait disorder due to CVA have been rated at 30 percent from November 2002 to February 7, 2017.,The Veteran's cognitive deficits and MDD due to CVA have not met criteria for a higher rating since September 2017.

The deciding factor: The evidence does not show that the Veteran had any other residual disability separate from his service-connected CVA, or that his symptoms warranted a higher rating based on the severity of his impairment.

Claimed conditions
Cerebrovascular Accident (CVA) residuals, Right lower extremity hemiparesis due to CVA, Right upper extremity hemiparesis due to CVA, Right-side facial droop due to CVA, Balance, dizziness, and gait disorder due to CVA, Cognitive deficits and Major Depressive Disorder (MDD) due to CVA
How they argued it
Direct service connection
Exposure basis
None
Rating assigned
None in this decision
Decision date
April 2, 2019
Citation
19124714

Veterans Law Judge

THOMAS H. O'SHAY

Decisions by this judge: 2,050 · Granted: 23% (granted or partly granted, in the vetted decisions on this site)

Judge attribution: 2025 complete; earlier years partial.

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 19124714.

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