The veteran's claim for reimbursement of unauthorized medical expenses incurred on June 16, 2006 at Mercy Hospital of Buffalo was denied as she did not meet the requirements under 38 U.S.C.A. § 1728 and 38 C.F.R. § 17.1004.
The deciding factor: The veteran's claim for reimbursement failed to satisfy all three criteria required by 38 U.S.C.A. § 1728, including the requirement that the care be rendered in a medical emergency of such nature that delay would have been hazardous to life or health and no VA facilities were feasibly available.
- Claimed conditions
- bipolar disorder, right hip strain, low back strain, left hip strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 15, 2008
- Citation
- 0835347
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 0835347.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the case due to insufficient evidence regarding the Veteran's acquired psychiatric disorders, including bipolar disorder and PTSD. The Veteran will be asked to provide additional medical records and undergo a VA examination.
- Dismissed
The Veteran withdrew all his appeals, including the one for an increased rating for low back strain.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for service connection for athletes' foot, low back strain, and plantar fasciitis due to a lack of a VA examination prior to the August 2020 rating decision.
- Granted
The Veteran's service connection claims for lumbosacral strain, bilateral lower extremity radiculopathy, and left hip strain as secondary to lumbosacral strain have been granted. The claim for left hip strain is remanded due to insufficient evidence on whether it was caused or aggravated by the service-connected lumbosacral strain.
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