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
- Not verified here — check the original 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. Search VA.gov for the original decision (opens in a new tab) using citation 0835347.
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: 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.
- Whole decision: Dismissed
The Veteran withdrew all his appeals, including the one for an increased rating for low back strain.
- Whole decision: 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.
- Whole 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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