The Board is remanding the case to obtain a medical opinion regarding whether the Veteran's additional disabilities were caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of the Detroit VAMC.
The deciding factor: The decision was based on the need for an additional medical opinion addressing alternative theories of entitlement related to the initial medication management plan.
- Claimed conditions
- opioid withdrawal symptoms
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 28, 2020
- Citation
- 20069965
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 Board remands the matter to obtain an adequate independent medical opinion regarding the Veteran's 38 U.S.C. § 1151 claim.
- Remanded (sent back)
The Board remands the matter for an independent medical opinion to determine if additional disability, claimed as opioid withdrawal symptoms, opioid dependence, and opioid addiction, was proximately caused by VA treatment.
- Denied
The Board denied compensation under 38 U.S.C. § 1151 for the additional disability of opioid withdrawal symptoms, opioid dependence, and opioid addiction due to VA treatment.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.