The Veteran's claim of benefits under 38 U.S.C. § 1151 for tardive dyskinesia is remanded due to the need for a further VA opinion regarding whether VA was negligent in prescribing metoclopramide for several years.
The deciding factor: The VA clinician who provided initial opinions did not consider evidence indicating that metoclopramide should generally be prescribed for no longer than 12 weeks, which may have been improper given the Veteran's use of the medication for several years.
- Claimed conditions
- tardive dyskinesia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 9, 2018
- Citation
- 18100329
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 18100329.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
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 appeal is remanded for additional development to address his claims of increased rating for tardive dyskinesia, SMC based on a need for aid and attendance, and TDIU.
- Dismissed
The Veteran's appeal for a higher disability rating for PTSD with tardive dyskinesia and alcohol use disorder prior to June 8, 2020 was dismissed due to the Veteran's death.
- Dismissed
The appeal of the throat disability claim, including tardive dysphagia and/or tardive dyskinesia, is dismissed due to the Veteran's death during the pendency of the appeal.
- Denied
The Veteran's claim for an initial disability rating in excess of 30 percent for tardive dyskinesia is denied. A separate 10 percent disability rating for slowed speech due to tardive dyskinesia is granted.
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