The Board denied the veteran's claim for reimbursement of unauthorized medical expenses incurred at a private facility due to failure to meet one of the elements required under 38 C.F.R. § 17.120, specifically that VA facilities were feasibly available and a medical emergency did not exist.
The deciding factor: The Board found that the evidence preponderated against a finding that the veteran's unauthorized private medical treatment was in a medical emergency or that VA facilities were feasible for his condition.
- Claimed conditions
- lumbar spine fractures at L3 and L4, conductive bilateral deafness, tinnitus, catarrhal otitis media, perforation of both the right and left tympanic membranes
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 17, 2001
- Citation
- 0113797
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 0113797.
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.
- Remanded (sent back)
The Board has remanded the claims for service connection for hearing loss, tinnitus, and an acquired psychiatric disorder due to incomplete medical records and need for further examination.
- Denied
The Board denied the Veteran's claims for service connection for tinnitus, arthritis, and memory loss. The decision found no evidence linking these conditions to his military service.
- Granted
The Veteran's tinnitus is granted as service connected. The issues of foot disability and cardiovascular disorder are remanded for additional development.
- Granted
The Board has granted service connection for tinnitus, finding that it is at least as likely as not that the Veteran experienced tinnitus during his active duty service.
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