The veteran received unauthorized medical care for back strain and kidney stones. The Board found that the treatment was not in an emergency situation, thus VA does not have to pay for it.
The deciding factor: The veteran's condition did not meet the criteria for payment under 38 U.S.C.A. § 1725 as there was no medical emergency requiring immediate care.
- Claimed conditions
- back strain, kidney stones
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- August 7, 2008
- Citation
- 0826622
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 0826622.
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: Denied
The Board has denied service connection for TBI, back strain, chest pain, foot pain, and tendonitis as there is no evidence of disease or injury incurred during active duty or training.
- Whole decision: Remanded (sent back)
The Board has dismissed the Veteran's appeal for entitlement to TDIU and denied his claims for service connection for bilateral hearing loss, tinnitus, back strain, bilateral knee disabilities, and bilateral ankle disabilities. The claims of service connection for these conditions are remanded due to a duty-to-assist error.
- Whole decision: Remanded (sent back)
The Veteran's kidney stones and back disability are granted as service connected. The case is remanded for further development regarding the back disability.
- Whole decision: Granted
The Board has granted service connection for tinnitus and has remanded the remaining issues due to a duty-to-assist error.
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