The veteran received medical care for acute respiratory failure at the Cleveland Clinic Foundation due to a service-connected disability. However, VA facilities were feasibly available and prior authorization was not obtained within 72 hours of admission.
The deciding factor: VA facilities were feasibly available but prior authorization was not obtained within 72 hours of admission.
- Claimed conditions
- Pulmonary emphysema, Abdominal muscle damage
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 1, 2002
- Citation
- 0213318
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 0213318.
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 remands the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities prior to August 17, 1998, as another remand is necessary to obtain an adequate advisory opinion regarding his employability.
- Denied
The Veteran's death was caused by an accidental drug overdose, which is considered the result of his own willful misconduct. The service-connected disabilities and prescribed medications did not contribute to his cause of death.
- Denied
The Board denied service connection for the cause of the Veteran's death, as well as for pulmonary emphysema, peripheral neuropathy, and obstructive sleep apnea, finding that these conditions were not related to his active service or exposure to herbicides.
- Denied
The Veteran's claim for additional vocational rehabilitation services under Chapter 31 was denied because the evidence did not show that his service-connected disabilities had worsened to the point where he could no longer perform the duties of his previous occupation, and because the occupation previously found suitable for him is still considered suitable based on his employment handicap and capabilities.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
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.