The veteran's claim for payment or reimbursement of medical expenses for non-emergent medical services for a nonservice-connected disability incurred at a non-VA medical facility on May 11, 2005, was denied because the delay in seeking immediate medical attention did not pose a hazard to life or health and a VA facility was feasibly available.
The deciding factor: The delay between the onset of symptoms and seeking treatment did not meet the standard that a prudent layperson would have reasonably expected that delay to be hazardous to life or health, and a VA facility was available for the services provided.
- Claimed conditions
- left foot cellulitis
- How they argued it
- Not specified
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- April 30, 2008
- Citation
- 0814241
Veterans Law Judge
Decisions by this judge: 734 · Granted: 9% (granted or partly granted, in the indexed 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. Search VA.gov for the original decision (opens in a new tab) using citation 0814241.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Granted
The Veteran's obstructive sleep apnea is granted as secondary to his service-connected major depressive disorder with generalized anxiety disorder. The claim for left foot cellulitis remains pending and will be remanded.
- Whole decision: Remanded (sent back)
The Board has decided to remand the case due to incomplete information from previous examinations, and a new medical opinion is needed to address the Veteran's left foot disorders diagnosed during the appeal period.
- Whole decision: Remanded (sent back)
The Board has remanded the case due to insufficient evidence regarding the etiology of any current left foot or lower extremity disability, including a neurologic disability. The Veteran's service records indicate cellulitis in his right fifth toe during boot camp, but there is conflicting medical opinion on whether this was also present in his left foot.
- Whole decision: Denied
The Board has determined that the Veteran's service-connected disabilities did not render him unable to secure or follow any form of substantially gainful employment prior to August 3, 2009.
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