The veteran is seeking reimbursement for unauthorized medical expenses incurred on April 2, 2002. The VAMC denied the claim based on eligibility under 38 U.S.C.A. § 1728. However, the Board found that the provisions of 38 U.S.C.A. § 1725 and its implementing regulations may apply to her case due to the timing of the treatment and the new law. The VAMC is required to review the claim under these new laws.
The deciding factor: The veteran's unauthorized medical expenses incurred on April 2, 2002 are potentially covered by the Veterans Millennium Health Care and Benefits Act (38 U.S.C.A. § 1725) due to the timing of her treatment relative to the effective date of this law.
- Claimed conditions
- syncope, abdominal pain
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 26, 2004
- Citation
- 0410827
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 0410827.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
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 a right shoulder disability, finding that the Veteran's current condition is related to an in-service lifting injury. The claims for abdominal pain and shortness of breath were remanded for further development.
- Remanded (sent back)
The Board remands the claims for service connection for an acquired psychiatric disorder, a right hand condition (claimed as broken fingers), a left hand condition (claimed as broken fingers), and syncope to correct pre-decisional duty-to-assist errors.
- Partly granted
The Board granted service connection for a headache disorder and remanded the claims for syncope, tinea pedis, and nail dystrophy.
- Dismissed
The Veteran has withdrawn the appeal for service connection for multiple conditions, and the Board does not have jurisdiction to review the appeal.
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