The veteran's surgery and medical services at EMC were not authorized by VA, did not meet the criteria for emergency treatment under 38 U.S.C.A. § 1725, and it was not shown that VA facilities were not feasibly available to provide the treatment.
The deciding factor: The treatment provided was elective and not an emergency requiring immediate medical attention as per the provisions of 38 C.F.R. § 17.1000-17.1002.
- Claimed conditions
- Benign prostatic hyperplasia, Obstructive uropathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 13, 2006
- Citation
- 0635147
Veterans Law Judge
Decisions by this judge: 2,699 · Granted: 17% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0635147.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's claims for increased rating of hypertension and service connection for genitourinary disability, including benign prostatic hyperplasia and urinary incontinence, as secondary to medication used for a service-connected hypertension disability are remanded due to duty to assist errors.
- Denied
The Veteran's service-connected conditions do not meet the criteria for special monthly compensation based on the need of regular aid and attendance due to his psychiatric symptoms.
- Remanded (sent back)
The Veteran's claim for a higher disability rating for bladder cancer is being remanded due to duty-to-assist errors and the need to obtain additional medical records.
- Partly granted
The Board granted service connection for ischemic heart disease and diabetes mellitus type II, both presumed to be related to exposure to herbicides during ACDUTRA at Fort McClellan. The claims for benign prostatic hyperplasia, headaches, and skin cancer were remanded.
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