The Veteran's stroke was misdiagnosed as a side effect of medication, leading to delayed treatment and resulting in additional disabilities. The Board has granted compensation under 38 U.S.C. § 1151 for the misdiagnosis.
The deciding factor: The VA physician failed to order an MRI on admission, which would have revealed the stroke's progression, leading to a misdiagnosis of muscle spasms and delayed treatment.
- Claimed conditions
- stroke, left side weakness, speech difficulty, memory difficulties
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 19, 2019
- Citation
- 19186929
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The veteran's claims for service connection for various conditions were denied, except for tinnitus and bilateral hearing loss disability which were granted. The veteran was also granted service connection for hypertension.
- Dismissed
The appeal was dismissed due to the death of the appellant.
- Partly granted
The Board granted service connection for right middle knuckle disability, dry eye syndrome, bilateral foot disability, cervical spine disability, radiculopathy of the upper extremities, and anxiety disorder. The claim for a stroke was denied, as well as an increased rating for respiratory disability prior to December 8, 2021.
- Denied
The Board denied service connection for asthma, chronic sinusitis, recurrent bronchitis, Crohn's disease and ulcerative colitis, myocardial infarction, sleep apnea, stroke, right ear hearing loss, and hemorrhoids. The Veteran was also denied a compensable disability rating for left ear hearing loss.
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