The Veteran's claim for payment or reimbursement of medical expenses incurred at Memorial Hospital in Chattanooga, Tennessee on December 31, 2007 is granted as the treatment was for a non-emergent condition and VA facilities were not feasibly available.
The deciding factor: The Board found that the Veteran's right upper extremity pain manifested by severe excruciating pain over several days, which would have been hazardous to his health if delayed in seeking immediate medical attention. The closest VA facility was not open at the time of treatment and a reasonable layperson would have expected delay to be hazardous.
- Claimed conditions
- Right upper extremity pain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 3, 2011
- Citation
- 1108541
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 1108541.
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.
- Partly granted
The Board granted service connection for chronic lymphatic leukemia (CLL) and remanded the claims for service connection for bilateral upper and lower extremity pain, an acquired psychiatric condition, to include depression, and individual unemployability.
- Denied
The Board denied the Veteran's claims for service connection for allergic rhinitis, left knee patellofemoral pain syndrome, and right upper extremity pain. The appeals were not granted as new and material evidence was not submitted to reopen these claims.
- Denied
The Board found that the Veteran's right upper extremity disability was not caused by VA negligence or error, and thus denied his claim under 38 U.S.C.A. § 1151. The nerve damage of the right wrist, arm, shoulder, and neck were also not service-connected as they did not have their clinical onset in service and are not otherwise related to active duty.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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