The veteran's claim for reimbursement of unauthorized medical expenses for right ankle surgery on August 8, 2006, was denied because the treatment was not emergent and a VA facility was feasibly available.
The deciding factor: VA physicians determined that a VA facility was available to treat the veteran for his right ankle disability at the time of the surgery, making reimbursement or payment unwarranted under applicable statutes.
- Claimed conditions
- right ankle fracture
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 7, 2009
- Citation
- 0900632
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 withdrew his appeal in its entirety, and the claims for service connection and higher ratings were dismissed.
- Partly granted
The Veteran's bilateral dry eye syndrome was granted a 20 percent evaluation, while the claims for an initial disability evaluation in excess of 10 percent for residuals, right ankle fracture and for headaches were denied. The claim for an initial compensable evaluation for herpes simplex myelitis zoster was remanded.
- Denied
The Board denied the Veteran's claim for service connection for a right ankle fracture, finding that the condition was not aggravated beyond its natural progression during military service.
- Remanded (sent back)
The Board remands the claims for service connection for various fractures and a hematologic disability to correct duty to assist errors.
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