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
- Not verified here — check the original 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. Search VA.gov for the original decision (opens in a new tab) using citation 0213318.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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.
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