The Board found that the Veteran's medical condition was emergent at the time he sought private medical attention, and that VA treatment was not feasibly available to him. Therefore, the Veteran's claim for reimbursement of unauthorized medical expenses incurred on August 23, 2008, is granted.
The deciding factor: The Board determined that the Veteran's condition met the criteria for emergency services as a prudent layperson would have considered it hazardous to delay seeking immediate medical attention given his symptoms and history.
- Claimed conditions
- degenerative disc disease of the lumbar spine, status post discectomy L4-L5, cauda equina syndrome, neurogenic bladder and bowel secondary to degenerative disc disease of the lumbar spine, radiculopathy of the right and left lower extremity with right drop foot, depressive disorder secondary to degenerative disc disease of the lumbar spine, erectile dysfunction secondary to degenerative disc disease of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 8, 2009
- Citation
- 0938377
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 0938377.
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.
- Granted
The Veteran's hypertension, left knee patellofemoral syndrome, and right knee patellofemoral syndrome have been granted service connection as secondary to his service-connected disabilities. The lumbar spine disability has also been granted but the effective date is not specified.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection and increased rating for various conditions, including allergic rhinitis, sleep apnea, degenerative disc disease of the lumbar spine, lower extremity radiculopathies, and left lower extremity radiculopathy with foot drop. The issues include determining if these conditions are related to service or other factors.
- Granted
The Veteran's service-connected disabilities have prevented him from securing and maintaining substantially gainful employment since June 30, 2018. The Board has granted a TDIU effective July 1, 2018.
- Granted
The Veteran's right ear hearing loss is denied as there was no evidence of a current disability.,Left ear hearing loss is granted, with the condition being service-connected due to exposure during active duty and worsening over time.,Service connection for reflux esophagitis with hiatal hernia is granted based on symptoms that began in-service and continue post-service.,Service connection for stenosis of the cervical spine is granted as it was likely caused by service, including combat duties.,Degenerative disc disease of the lumbar spine is granted due to continuity of symptomatology since service.,Chronic fatigue syndrome is granted based on symptoms that began in-service and continue post-service.
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