The Board found that the veteran was not eligible for payment or reimbursement under 38 U.S.C.A. § 1728 for private medical expenses incurred on March 8, 2006, as he did not have a total disability permanent in nature at the time of treatment and there was no evidence of an emergency medical condition manifesting itself by acute symptoms of sufficient severity.
The deciding factor: The treatment was not rendered in response to a medical emergency of such nature that delay would have been hazardous to life or health, as a prudent layperson could reasonably expect immediate medical attention without serious jeopardy to the veteran's health.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 21, 2009
- Citation
- 0902152
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
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.