The VA denied reimbursement or payment for unauthorized medical services rendered in connection with the veteran's private hospitalization due to chronic obstructive pulmonary disease and fractures of the left tibia and fibula. The denial is based on the fact that the treatment was not for a service-connected disability.
The deciding factor: The veteran did not meet the first criterion required by 38 U.S.C.A. § 1728, as he was not treated for an adjudicated service-connected disability.
- Claimed conditions
- chronic obstructive pulmonary disease, residuals of fractures of the left tibia and fibula
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- September 19, 2001
- Citation
- 0122786
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 0122786.
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 gastroesophageal reflux disease, obstructive sleep apnea, and chronic obstructive pulmonary disease but denied service connection for irritable bowel syndrome. The Board also denied an increased rating for the Veteran's service-connected psychiatric condition.
- Partly granted
The Board granted restoration of the 10 percent evaluation for left knee meniscus, effective April 21, 2025, and an additional 20 percent rating was also granted.
- Granted
The Board granted an increased (Level 2) stipend in the PCAFC for the Veteran's caregiver due to the need for continuous supervision and protection based on the Veteran's medical conditions.
- Remanded (sent back)
The Board remands the issues for further development and readjudication by the AOJ.
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.