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 assigned
- None in this 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. Look up the original decision on VA.gov (opens in a new tab) using citation 0838836.
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.
- 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The Veteran's appeals for increased ratings for her knee conditions and TDIU have been dismissed as she has withdrawn them.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.
- 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.
- 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.
- 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.
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.