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.
The deciding factor: The evidence did not show that the Veteran's additional disability was proximately caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA, nor was it due to an event not reasonably foreseeable.
- Claimed conditions
- opioid withdrawal symptoms, opioid dependence, opioid addiction
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 16, 2024
- Citation
- 24002272
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The appeal for service connection for a back condition, opioid addiction, special monthly compensation at the housebound rate, and special monthly compensation based on need for aid and attendance was withdrawn by the appellant.
- 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.
- Remanded (sent back)
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.
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