The Board has determined that the veteran's medical condition did not preclude transfer to a VA Medical Center for continuation of treatment, but due to an approximate balance of positive and negative evidence, the veteran may be granted payment of unauthorized medical expenses.
The deciding factor: The opinions from both the VA nurse and Chief of Staff were in equipoise with Dr. Labesky's opinion that a transfer would have been inappropriate given the veteran's condition at the time.
- Claimed conditions
- Psychiatric disability, Pneumonia, Congestive heart failure, Methicillin resistant staph aureus colonization, Trial fibrillation, Hypertension, Lung cancer (post lobectomy), Glaucoma, Bladder cancer
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 28, 2006
- Citation
- 0636819
Veterans Law Judge
Decisions by this judge: 1,467 · Granted: 18% (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 0636819.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the claim of service connection for hypertension, finding that it did not manifest during service and is not causally related to the Veteran's exposure to herbicides or service.
- Denied
The Board denied the Veteran's claim for service connection for hypertension, finding that there was no evidence of a nexus between his current condition and active duty service or herbicide exposure.
- Denied
The Veteran's claim for an increased rating of his psychiatric disability was the initial decision, and thus attorney fees are not eligible based on past due benefits awarded in April 2025.
- Denied
The Board has denied service connection for hypertension and has remanded the issue of an increased rating for skin condition.
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