The Board found that a VA medical facility was feasibly available and an attempt to use it beforehand would have been considered reasonable by a prudent layperson, thus denying the Veteran's claim for payment or reimbursement of unauthorized medical expenses.
The deciding factor: The Veteran's condition did not meet the criteria for immediate medical attention such that he could not have been safely transported to a VA facility by ambulance. The nearest VAMC was approximately 10 miles away, and no objective evidence showed his condition required urgent care at MRMC over a VA facility.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 20, 2009
- Citation
- 0910531
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
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.