The Board has remanded the claim for a medical opinion to determine if the initial medication management plan constituted carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of the VA and if any additional disability was caused by an event not reasonably foreseeable.
The deciding factor: The Board found that remand is necessary due to inadequate medical opinions addressing all relevant factors including the Veteran's assertions regarding negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of the VA and the events leading to opioid prescription.
- Claimed conditions
- opioid withdrawal symptoms
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- September 2, 2022
- Citation
- 22050368
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. Read the original VA decision (opens in a new tab) using citation 22050368.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
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 Veteran's opioid withdrawal symptoms, dependence, and addiction are not considered to be caused by VA medical care or negligence.
- Denied
The Veteran's compensation under 38 U.S.C. § 1151 for hyperalgesia and opioid withdrawal symptoms related to VA medication management decisions is denied because the additional disability was not proximately caused by carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA.
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