The Veteran's unauthorized private medical expenses incurred during his rehabilitation care from May 28, 2009, to June 9, 2009, are not eligible for payment or reimbursement because the treatment was not related to a service-connected disability and did not constitute an emergency requiring immediate attention.
The deciding factor: The private rehabilitation care provided at CCMH from May 28, 2009, through June 9, 2009, was not rendered in a medical emergency of such nature that delay would have been hazardous to the Veteran's life or health. The VA facilities were feasibly available and an attempt to use them beforehand would have been reasonable.
- Claimed conditions
- Asthma, Cervical spine whiplash injury residuals, Low back strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- March 18, 2011
- Citation
- 1110980
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. Read the original VA decision (opens in a new tab) using citation 1110980.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Denied
The Veteran's asthma is currently rated as 10 percent disabling, and the Board finds that this rating adequately compensates his service-connected condition.
- Whole decision: Partly granted
The Veteran's asthma is currently rated at 30 percent, and the Board finds that a higher rating is not warranted.,The Veteran's sleep apnea claim has been remanded due to duty-to-assist errors.
- Whole decision: Remanded (sent back)
The Veteran's hearing loss and low back strain claims are remanded for further evaluation. The hearing loss claim is denied, while the low back strain claim requires additional examination to determine its severity.
- Whole decision: Granted
The Veteran's service-connected disabilities, including PTSD, asthma, and foot conditions, rendered him unable to secure or follow a substantially gainful occupation consistent with his education and work history throughout the appeal period.
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