The Veteran is entitled to reimbursement for unauthorized medical expenses incurred at Wuesthoff Memorial Hospital on September 9, 2005, as the criteria for payment or reimbursement under 38 U.S.C.A. § 1725 were met.
The deciding factor: A prudent layperson in the Veteran's position would have reasonably expected that delay in seeking immediate medical attention would have been hazardous to life or health, and a VA facility was not feasibly available at the time of emergency treatment.
- Claimed conditions
- cellulitis
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 13, 2009
- Citation
- 0905427
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied service connection for various conditions, including left foot condition, right foot condition, cellulitis, right ear hearing loss, and right lower extremity radiculopathy. The appeal of the proposal to reduce a 40 percent evaluation for lumbosacral strain was dismissed.
- Remanded (sent back)
The Board remands the claims for service connection due to a failure by the VA contractor to provide an examination at a time when the Veteran could attend.
- Granted
The Board granted service connection for cellulitis, finding that the evidence is at least in relative equipoise regarding whether the Veteran's condition is related to his service.
- Remanded (sent back)
The Board remands the issue of entitlement to service connection for a left leg disability, including leg amputation, lack of blood flow and oxygen, lymphadenitis, and/or cellulitis, due to the need for clarification regarding the origin of the Veteran's claimed cellulitis and whether it has a nexus to service.
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