The Board granted compensation under 38 U.S.C. � 1151 for tardive dyskinesia, finding that the Veteran's additional disability was proximately caused by VA treatment and VA failed to exercise the degree of care expected of a reasonable health care provider.
The deciding factor: The evidence shows that the Veteran's disability (tardive dyskinesia) was due to lack of proper skill on the part of VA and the failure to exercise the degree of care that would be expected of a reasonable health care provider.
- Claimed conditions
- tardive dyskinesia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 31, 2024
- Citation
- A24070915
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
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 case for the RO to provide the Veteran with notice of his right to a pre-decisional hearing and conduct one if elected.
- Partly granted
The Board granted service connection for tardive dyskinesia and denied the claims for an acquired psychiatric disorder, initial rating in excess of 30 percent for major depressive disorder with anxious distress, and earlier effective date.
- Partly granted
The Board granted readjudication of service connection for migraine headaches based on new and relevant evidence, and an earlier effective date of December 3, 2017 for the initial rating awards for tardive dyskinesia. The claims for higher ratings for tardive dyskinesia were denied, and the issues of service connection for migraine headaches and a higher rating for bipolar I disorder were remanded.
- Partly granted
The Board granted an initial 20 percent rating for right and left lower extremity radiculopathy from September 25, 2015 through April 10, 2019.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.