The Veteran's unauthorized medical expenses incurred at Pierce County Residential Treatment Facility from December 20, 2008 to January 6, 2009 are covered by VA as his service-connected organic brain syndrome qualifies under the provisions of 38 U.S.C.A. § 1728.
The deciding factor: The Veteran's involuntary hospitalization was deemed necessary due to a medical emergency where delay would have been hazardous to life or health, and VA facilities were not feasibly available.
- Claimed conditions
- organic brain syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- January 28, 2010
- Citation
- 1004315
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 1004315.
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 service-connected organic brain syndrome and atherosclerotic coronary artery disease require care or assistance on a regular basis to protect him from the hazards of his daily environment, resulting in an award of SMC based on need for aid and attendance. However, he does not meet the criteria for SMC based on housebound status.
- Granted
The Veteran's claim of service connection for organic brain syndrome was granted, and her initial compensable rating for erectile dysfunction was denied.
- Denied
The Board denied the Veteran's claim for service connection for a mental disorder, finding that there is no current diagnosis of a psychiatric disability and that his organic brain syndrome was not aggravated by military service.
- Remanded (sent back)
The Board has remanded the case for further development to consider whether the Appellant is entitled to DIC benefits for the cause of the Veteran's death under 38 U.S.C. § 1310 and to enhanced DIC benefits under 38 U.S.C. § 1311(a)(2).
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