The Veteran's unauthorized hospitalization at Our Lady of Lourdes Regional Medical Center on February 2, 2009 was not rendered in a 'medical emergency' and VA facilities were feasibly available. Therefore, payment or reimbursement for the medical expenses is denied.
The deciding factor: The Board determined that the private hospitalization did not meet the criteria for an 'emergency treatment' as defined by the amended version of 38 U.S.C.A. § 1725 and § 1728, due to lack of a 'medical emergency' and unavailability of VA facilities.
- Claimed conditions
- Back strain, Left ankle sprain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 8, 2011
- Citation
- 1109132
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 1109132.
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.
- Granted
The Board has granted service connection for urinary incontinence and left ankle sprain, finding that the Veteran's current conditions are related to her military service.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient evidence regarding the relationship between the Veteran's back conditions and his service. The examiner is asked to consider the Veteran's lay statements about in-service events, injuries, and symptoms.
- Granted
The Veteran's claims for service connection for right knee tendinitis, left ankle sprain, and a right ankle pain disability have been granted. The claim for service connection for gastroesophageal reflux disease (GERD) is dismissed due to the absence of a decision on the issue.
- Remanded (sent back)
The Board has remanded the claim of service connection for a thoracolumbar spine disability, finding that the VA examination and opinion were inadequate as they did not consider the Veteran's complete medical history. The case is now to be reviewed with an addendum VA opinion.
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