The Veteran's claim for payment or reimbursement of unauthorized medical expenses for an ultrasound in September 2006 was denied as all three statutory and regulatory criteria under 38 U.S.C.A. § 1728 and 38 C.F.R. § 17.120 were not met.
The deciding factor: The evidence did not establish that the ultrasound in September 2006 was rendered for a medical emergency of such nature that delay would have been hazardous to life or health, nor was it shown that no VA facility was feasibly available and an attempt to use them beforehand or obtain prior authorization for the services required would not have been reasonable, sound, wise, or practicable.
- Claimed conditions
- posttraumatic stress disorder, degenerative disc disease at L5-S1, hemorrhoids
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 4, 2010
- Citation
- 1029184
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 1029184.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the claim for service connection for hemorrhoids due to a pre-decisional duty to assist error, requiring an additional direct medical opinion.
- Granted
The Board granted a 10 percent rating for hemorrhoids, which fully satisfies the Veteran's appeal.
- Dismissed
The appeal for a temporary total evaluation because of hospital treatment in excess of 21 days for service-connected posttraumatic stress disorder was withdrawn by the Veteran's representative and is therefore dismissed.
- Denied
The Board denied service connection for vertigo, incontinence, and GERD due to the lack of evidence supporting current diagnoses. The claims for hematuria and hemorrhoids were remanded for further development.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.