The Board finds that the Veteran's treatment on January 2, 2009 constituted a medical emergency of such nature that delay would have been hazardous to life or health. Therefore, payment for this unauthorized medical expense is granted.
The deciding factor: There was equipoise in the evidence regarding whether the private care sought on January 2, 2009, constituted a medical emergency of such nature that delay would have been hazardous to life or health, and the Board resolved this in favor of the Veteran.
- Claimed conditions
- Nonservice-connected disability
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 6, 2010
- Citation
- 1045531
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 1045531.
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.
- Remanded (sent back)
The Board has determined that additional evidence is needed to fully adjudicate the unauthorized medical expenses claim, including VA treatment records and private hospital records from Ripon Medical Center. The AOJ should secure these documents and readjudicate the case.
- Denied
The Veteran's unauthorized medical expenses incurred on March 30, 2011 are denied as the condition did not meet the criteria for emergency treatment under VA regulations.
- Remanded (sent back)
The Board has determined that the appellant's claims for pension benefits and accrued benefits are inextricably intertwined, necessitating a remand to reconsider both issues. The appellant must provide evidence of unreimbursed medical expenses incurred by the Veteran prior to his death.
- Denied
The Veteran was in receipt of nonservice-connected disability pension benefits. The appellant's submission for accrued benefits was denied as it was based on evidence not in VA's possession at the time of the Veteran's death.
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