The Board denied the Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at a private hospital due to failure to timely file the claim within 90 days from the date of discharge.
The deciding factor: The Veteran did not file his claim within the required 90-day period after being discharged from the facility that provided the emergency treatment.
- Claimed conditions
- heart
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 9, 2009
- Citation
- 0938551
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. Search VA.gov for the original decision (opens in a new tab) using citation 0938551.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Dismissed
The Veteran's appeal was dismissed due to their death, and the Board has no jurisdiction to adjudicate the merits of this appeal at this time.
- Whole decision: Denied
The Board denied service connection for hernia, brain tumor, heart, esophagus, kidney, left lower extremity peripheral neuropathy, right lower extremity peripheral neuropathy, and thyroid. The claim for bilateral hearing loss was remanded.
- Whole decision: Dismissed
The Veteran withdrew his appeals for all service connection issues, including left leg neuropathy, right leg neuropathy, sinus, rhinitis, asthma, bilateral hearing loss, tinnitus, thyroids, PTSD, diabetes, heart, right hemiparesis, cervical, and other conditions. The appeal is dismissed.
- Whole decision: Dismissed
The Veteran's appeal for service connection and SMC has been dismissed due to the deaths of both the Veteran and his daughter who was seeking substitution.
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