The Veteran's claim for payment or reimbursement of unauthorized medical expenses is denied because the condition did not meet the criteria for continued emergency treatment and he could have been safely transferred to a VA facility.
The deciding factor: The Veteran's condition was no longer considered a continuing medical emergency by September 10, 2007, and he could have been safely transferred to a VA or Federal facility while waiting for home equipment delivery.
- Claimed conditions
- left shoulder fracture, left humerus fracture, right comminuted patellar fracture, great toe dislocation
- How they argued it
- Not specified
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- January 27, 2010
- Citation
- 1004049
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. Read the original VA decision (opens in a new tab) using citation 1004049.
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: Remanded (sent back)
The Board remands the claims for service connection for various fractures and a hematologic disability to correct duty to assist errors.
- Whole decision: Granted
The Board has granted an increased amount of DIC benefits under 38 U.S.C. § 1311(a)(2) for the Veteran's total disability rating due to individual unemployability (TDIU), which was in effect until his death, as it found that the termination of TDIU on September 1986 Board decision constituted CUE.
- Whole decision: Remanded (sent back)
The Board's June 2020 decision dismissing the claims for service connection is vacated, and the cases are remanded for further development.
- Whole decision: Granted
The Veteran's left arm fracture is granted a 10% rating. Service connection for TBI, headache disorder, left great toe sprain, and right wrist disorder are all granted. The appeal of service connection for diabetes mellitus was withdrawn.
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