The Board determined that the veteran's medical treatment at Albany General Hospital on April 15 and 16, 2006 was not for an emergency condition requiring immediate care. The closest VA facility was feasibly available but could not be safely transferred to due to distance.
The deciding factor: The veteran's injuries were not of such a nature that delay in seeking medical attention would have been hazardous to life or health and the medical treatment provided did not meet the criteria for emergency services under 38 U.S.C.A. § 1725.
- Claimed conditions
- Hip Fracture, Uncontrolled Diabetes, Uncontrolled Hypertension
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 23, 2008
- Citation
- 0824690
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 0824690.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's unauthorized medical expenses incurred from October 31, 2011 to November 3, 2011 are granted as the treatment was for a condition of such nature that delay in seeking immediate medical attention would have been hazardous to his life or health.
- Partly granted
The Board is remanding the case for additional development, including obtaining medical records from Friendship Manor Lakeside and considering whether medications for PTSD contributed to the Veteran's fall resulting in hip fracture.
- Denied
The Veteran's death was caused by a hip fracture due to dementia, which was not service-connected. The VA medical opinions concluded that the medication Seroquel (used for treating dementia) did not contribute to his fall and subsequent hip fracture.
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