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
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
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 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.
- Dismissed
The Veteran withdrew his appeal for service connection for liver disability, ischemic heart disease, diabetes mellitus, and benign prostatic hyperplasia.
- Partly granted
The Board granted the petitions to reopen claims for service connection for diabetes mellitus, peripheral neuropathy of both lower extremities and remanded other claims for further development.
- Denied
The Veteran's cause of death was not related to his service or any service-connected conditions, and the Board denied service connection for the cause of the Veteran’s death.
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