Disability Law Group: February Case Spotlight

Attorney Mandy Kelly recently received a decision from the Board of Veterans’ Appeals (Board) granting compensation under 38 U.S.C. §1151 for invasive breast cancer.  The Veteran was prescribed Prempro, a supplemental estrogen medication which has been shown to have an increased risk of invasive breast cancer.

After attending a hearing in December 2019, Mandy Kelly received an immediate response from the Board granting benefits.  The Board found that considering all the evidence of record, the Veteran’s invasive breast cancer was caused by the VA doctor’s decision to prescribe Prempro without truly addressing her medical history.

In this case, the VA provider chose to prescribe the Veteran a medication without fully addressing her own personal risk factors, and therefore established an error in judgment in furnishing medical treatment that proximately caused the Veterans additional disability.

If you believe that a VA Medical Center prescribed you with medication in a careless manner, please contact our attorneys at 1.800.838.1100.