The Board found that cancellation of the veteran's access to fee-basis treatment was proper due to the availability of care at VA facilities and the lack of evidence showing geographical inaccessibility or inability of VA facilities to provide required care.
The deciding factor: VA facilities were capable of providing the required medical services for the veteran's service-connected disabilities, and there was no evidence that they were geographically inaccessible.
- Claimed conditions
- grand mal epilepsy, residuals of a right hip fracture, residuals of cyst excisions, scar of the right lower eyelid
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- November 10, 2008
- Citation
- 0838836
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 0838836.
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: Dismissed
The Veteran's appeals for increased ratings for her knee conditions and TDIU have been dismissed as she has withdrawn them. The Board finds that the Veteran is unable to secure or follow a substantially gainful occupation due to her service-connected disabilities from May 10, 2010.
- Whole decision: Partly granted
The Board denied higher ratings for migraine headaches and TBI, granted a 20 percent rating for grand mal epilepsy prior to January 23, 2024, and a 70 percent rating for TBI from April 17, 2024. It also restored the separate evaluation for TBI and granted a 100 percent rating for PTSD and schizoaffective disorder.
- Whole decision: Remanded (sent back)
The Veteran's claim for an earlier effective date for service connection of grand mal epilepsy is denied. The Board has also remanded the issue of entitlement to a higher initial rating for his seizure disorder.
- Whole decision: Dismissed
The Veteran withdrew his appeal before the Board could make a decision on his claims for service connection and an initial rating for his mental health conditions.
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