The Board has determined that the Veteran's neurological and cognitive disabilities, including right-sided weakness, speech impairment, cognitive impairment, and difficulty swallowing, were at least as likely as not worsened by VA's negligence in performing a brain biopsy in May 2005. As such, the claim for compensation under 38 U.S.C. § 1151 is granted.
The deciding factor: The Board found that VA failed to exercise the degree of care expected from a reasonable health care provider and that this negligence led to the worsening of the Veteran's neurological/cognitive disability beyond its natural progression.
- Claimed conditions
- neurological impairments, cognitive impairment, right-sided weakness, speech impairment, difficulty swallowing
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 6, 2023
- Citation
- 23043754
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 23043754.
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.
- Remanded (sent back)
The Veteran's claims for a compensable rating for service-connected speech impairment, service connection for headaches/migraines, and service connection for Meniere's disease are being remanded due to the need for additional examinations.
- Granted
The Veteran's initial 70 percent rating for panic disorder with MDD is granted, effective August 12, 2014. Additionally, the Veteran's TDIU and SMC are also granted.
- Remanded (sent back)
The Veteran's thalamic injury and resulting disabilities are the result of a non-VA procedure performed at MUSC. The Board finds that VA may have proximately caused this treatment by referring the Veteran to MUSC for care, but the evidence is incomplete regarding whether VA specifically referred him or if additional records need to be obtained.
- Dismissed
The Veteran's appeals for higher ratings on his adjustment disorder and cognitive impairment were dismissed due to untimely Notice of Disagreement filings.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.