The veteran seeks reimbursement for unauthorized private medical expenses incurred from May 10, 2004 to May 19, 2004. The case is being remanded to determine if the services were rendered in a medical emergency and when such emergency ended.
The deciding factor: The Board cannot assess whether all criteria of 38 U.S.C.A. § 1725 and 38 C.F.R. § 17.1002 have been met, particularly with regard to 'medical emergency' and feasible availability of VA services.
- Claimed conditions
- appendicitis
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 7, 2006
- Citation
- 0638091
Veterans Law Judge
Decisions by this judge: 2,592 · Granted: 19% (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 0638091.
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.
- Denied
The Veteran's child is not eligible for VA benefits under 38 U.S.C. § 1805 for spina bifida because the evidence does not support a diagnosis of this condition.
- Remanded (sent back)
The Board remands the claims for additional medical opinions to address whether the Veteran's appendicitis and cholecystitis are related to VA treatment in November/December 2011, including any fault or negligence on the part of VA.
- Remanded (sent back)
The Board has remanded the cases for further development and consideration due to unclear reasoning in previous decisions regarding the Veteran's appendicitis and cholecystitis claims.
- Remanded (sent back)
The Veteran's claims for service connection for a left hip disability, head trauma injury, appendicitis, and abdominal hernia are denied. The Board has also remanded the Veteran's claim of entitlement to a rating in excess of 10 percent for his back disability, as well as his claims for service connection for right arm numbness and a right hip disability.,The Veteran's claims for service connection for a left hip disability, head trauma injury, appendicitis, and abdominal hernia are denied. The Board has also remanded the Veteran's claim of entitlement to a rating in excess of 10 percent for his back disability, as well as his claims for service connection for right arm numbness and a right hip disability.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.