The Veteran's claims for reimbursement of unauthorized medical expenses incurred on December 23, 2006 and March 9, 2007 were denied as the treatment was not for a condition that would have been hazardous to life or health if delayed.
The deciding factor: The evidence did not establish that the Veteran's conditions during the visits constituted an emergency such that delay in seeking immediate medical attention would have been hazardous to his life or health, and VA facilities were feasibly available.
- Claimed conditions
- Headache, COPD
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 20, 2009
- Citation
- 0910529
Veterans Law Judge
Decisions by this judge: 325 · Granted: 20% (granted or partly granted, in the vetted 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. Look up the original decision on VA.gov (opens in a new tab) using citation 0910529.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the Veteran's claim for service connection for COPD, finding that there is no evidence of a nexus between his current respiratory disability and active duty service. The VA examiner concluded that the COPD was more likely due to tobacco use rather than asbestos exposure in service.
- Remanded (sent back)
The Board has found new and relevant evidence to readjudicate the claim for service connection for a headache disability. The case is being remanded for further review.
- Granted
The Board has granted service connection for the cause of the Veteran's death, attributing it to his exposure to Agent Orange during service. COPD is considered a disease associated with such exposure.
- Granted
The Board has determined that new and relevant evidence has been received to reopen the claim of service connection for COPD. The Veteran's COPD is presumed due to exposure to herbicides, but the evidence does not support a finding that it began during active service or is related to in-service exposure.
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