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.
The deciding factor: The evidence does not show that VA failed to exercise the degree of care expected from a reasonable health care provider and the Veteran's hyperalgesia and opioid withdrawal symptoms were caused by his long-term use of prescribed opioid pain medications, which he consented to despite known risks.
- Claimed conditions
- hyperalgesia, opioid withdrawal symptoms
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 27, 2023
- Citation
- A23033391
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 A23033391.
What this means for you
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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.
- Remanded (sent back)
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.
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