The veteran's claim for compensation under 38 U.S.C.A. § 1151 for residuals of medication prescribed by VA for a psychiatric disability was denied because the evidence did not show that his self-mutilating behavior and its residuals were caused by careless or negligent VA hospitalization or treatment, or an event that was not reasonably foreseeable.
The deciding factor: The VA psychiatrist concluded that it was extremely unlikely that the veteran's self-mutilating behavior was related to clonazepam use, as evidenced by the cessation of such behavior during periods without clonazepam and the lack of scientific data supporting a causal link between benzodiazepines and self-injury.
- Claimed conditions
- residuals of self-mutilation
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 23, 2008
- Citation
- 0813423
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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