The Veteran's home nursing care from May 31, 2005 to October 8, 2005 was not authorized by VA prior to the care being provided. As a result, payment or reimbursement for these medical expenses is denied.
The deciding factor: VA did not obtain prior authorization for the private home nursing care and the appellant did not submit an application within 72 hours of the initiation of the services.
- Claimed conditions
- postoperative vagotomy, subtotal gastrectomy, cholecystectomy, left leg peripheral neuropathy, right leg peripheral neuropathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- November 25, 2009
- Citation
- 0944988
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 0944988.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's appeals were withdrawn, and his claims for increased ratings and service connection were dismissed. The Board found no evidence of ankylosis or other disabling conditions that would warrant higher ratings.
- Remanded (sent back)
The Veteran's GERD is rated at a 30 percent rating, but no higher. The claim for TDIU was raised and must be adjudicated again.
- Remanded (sent back)
The Board has denied service connection for urinary frequency, as secondary to hypertension and non-service-connected diabetes mellitus type II. The other claims are remanded due to the need for additional medical opinions.
- Granted
The Veteran's non-fused transverse process of L1 on right side; degenerative arthritis, degenerative disc disease, intervertebral disc syndrome (IVDS), thoracolumbar spondylosis and lumbar scoliosis is granted. The left leg peripheral neuropathy as secondary to the spinal disability is also granted. An increased rating of 30 percent for the service-connected left ankle arthritis status post fracture, medial malleolus is granted.
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