The veteran's treatment at Halifax Medical Center on November 30, 2006, was not such nature that a prudent layperson could reasonably expect delaying treatment until a VA facility would result in placing the health or bodily functioning of the individual in serious jeopardy.
The deciding factor: The ER report indicated the veteran had an upper respiratory infection and was not in acute distress. There is no evidence to suggest her condition was emergent as required by law for reimbursement under 38 U.S.C.A. § 1725 or 1728.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- January 9, 2009
- Citation
- 0901025
Veterans Law Judge
Decisions by this judge: 2,084 · Granted: 20% (granted or partly granted, in the indexed decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0901025.
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).
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