The Board has remanded the case for a new medical opinion regarding whether VA failed to exercise reasonable care in prescribing tramadol, and if so, whether this failure resulted in an event not reasonably foreseeable. The Veteran is also seeking service connection for a seizure disorder.
The deciding factor: The examiner must provide opinions on whether VA exercised reasonable care in prescribing tramadol and whether the failure to disclose risks associated with tramadol was foreseeable.
- Claimed conditions
- Seizure disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 8, 2019
- Citation
- 19116494
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 19116494.
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.
- Partly granted
The veteran was granted a total disability rating based on individual unemployability from May 11, 2016, and the claim for an earlier effective date for special monthly compensation under 38 U.S.C. § 1114(s) was denied.
- Partly granted
The Board granted service connection for an acquired psychiatric disorder as secondary to the Veteran's service-connected disabilities. The claims for myofascial pain syndrome and a seizure disorder were remanded.
- Remanded (sent back)
The Board remands the issue of entitlement to a rating in excess of 40 percent for a seizure disorder prior to January 22, 2019, for further action.
- Remanded (sent back)
The Board remands the issues of entitlement to service connection for a seizure disorder, right shoulder disorder, and left shoulder disorder as additional evidence is needed.
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