The veteran's unauthorized medical expenses incurred at John Muir Medical Center from June 17, 2004 to June 24, 2004 are now eligible for reimbursement due to the emergent nature of his condition and lack of feasible VA or other Federal facilities.
The deciding factor: The veteran presented with an acute medical emergency (peritonitis and respiratory failure) that required immediate surgical intervention. No feasible VA facility was available within a reasonable time, and he had no coverage under health plans or third-party liability to pursue for payment.
- Claimed conditions
- Peritonitis, Acute Respiratory Failure
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 24, 2008
- Citation
- 0836759
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 0836759.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted service connection for the cause of the Veteran's death, finding that her service-connected PTSD contributed to her developing ovarian cancer which led to peritonitis and ultimately caused her death.
- Denied
The Board denied DIC benefits, finding that VA did not cause the Veteran's death through negligence or error. The Veteran died from septic shock due to bowel perforation, which was a known risk of surgery but not caused by VA.
- Remanded (sent back)
The Board has determined that there is a need for additional VA medical opinions to determine the nature and etiology of the Veteran's causes of death, including pulmonary hypertension, COPD, and acute respiratory failure. The claims are being remanded for these purposes.
- Denied
The Board denied service connection for the cause of death, concluding that there was no evidence linking the Veteran's death to any in-service event or condition.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.