The Veteran's widow is seeking payment or reimbursement for medical expenses incurred at TCRH and WFUBMC, including ambulance transfers. The VAMC has denied the claim on grounds that the Veteran had some degree of insurance coverage (specifically, under Medicare parts A and B). The Board will remand the case to allow further development in light of the Veterans' Emergency Care Fairness Act of 2009.
The deciding factor: The new law removes provisions prohibiting payment or reimbursement for emergency medical expenses on behalf of veterans who have insurance, allowing for retroactive application under appropriate circumstances.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 25, 2010
- Citation
- 1007019
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 1007019.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
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