The veteran's unauthorized medical expenses for services rendered at L. E. Cox Medical Center from May 24, 1999 to May 26, 1999 are denied as the care was not rendered in a medical emergency and for a nonservice-connected disability associated with his service-connected psychiatric disability.
The deciding factor: The VA medical records indicate that the veteran's gallbladder surgery was necessary due to an acute condition but also feasible at a VA facility, thus failing one of the criteria for payment under 38 U.S.C.A. § 1728 and 38 C.F.R. § 17.120.
- Claimed conditions
- Gallbladder disease, Nonservice-connected disability associated with service-connected psychiatric disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 17, 2001
- Citation
- 0101144
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 0101144.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the claims for service connection due to errors in the initial decision and a need for additional medical opinions regarding the Veteran's gastrointestinal condition and right shoulder disability.
- Denied
The Board denied the veteran's claims for an increased rating for posttraumatic stress disorder, service connection for gallbladder disease and functional gastrointestinal disorders, and remanded claims for peripheral neuropathy, gastroesophageal reflux disease, and residuals of liver disease.
- Granted
The reduction in the evaluation of service-connected gallbladder disease from 30 to 10 percent was improper, and restoration of the 30 percent rating is granted. The claim for service connection for chronic diarrhea due to service-connected gallbladder disorder and diabetes mellitus type II is remanded.
- Granted
The Veteran's severe abdominal pain on July 25, 2010 was of such a nature that a prudent layperson would have reasonably expected delay in seeking immediate medical attention to be hazardous. The closest VA emergency room was approximately two hours away and the Veteran had already attempted to seek treatment at a VA facility.
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