The Veteran seeks reimbursement for unauthorized medical expenses incurred at St. Vincent Medical Center due to his condition of pink tinged sputum, wheezing, and congestion. The VAMC denied the claim as there was no indication that the treatment was authorized in advance by VA. The case is being remanded to determine if a medical emergency existed and if a VA facility was feasibly available.
The deciding factor: The Veteran's condition on July 22, 2004 did not meet the criteria for an emergent situation as defined by VA regulations.
- Claimed conditions
- pink tinged sputum, wheezing, congestion, mild hemoptysis
- How they argued it
- Not specified
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- November 3, 2009
- Citation
- 0941745
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 0941745.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
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: Denied
The Board denied payment or reimbursement for non-VA medical services due to the Veteran's failure to seek immediate medical attention and because no emergency treatment was provided.
- Whole decision: Denied
The Veteran's claims for service connection for asthma, a respiratory disability other than asthma, right shoulder disability, rhinitis, and sinusitis have been denied. The claim for GERD has resulted in a 30% rating but not higher.
- Whole decision: Partly granted
The Board granted service connection for a disability manifested by wheezing, but remanded the claims for bilateral hearing loss, tinnitus, diabetes mellitus, and hypothyroidism.
- Whole decision: Remanded (sent back)
The Board remands the claim for a respiratory disability, to include chronic cough, wheezing, and bronchitis, as an adequate VA examination and medical opinion are needed.
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