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.
- Partly granted
The Board granted service connection for asthma and remanded claims for insomnia and sleep apnea. Other conditions were denied.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Remanded (sent back)
The Board remands the claim for service connection for tinnitus to correct a duty to assist error, as the Veteran's lay statements regarding onset and continuity of symptoms were not adequately considered in the previous decision.
- Denied
The Board denied service connection for tinnitus, cubital tunnel syndrome, right plantar fasciitis, and a right knee disability due to the lack of evidence supporting a nexus between these conditions and the Veteran's military service.
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