The Veteran's claim for payment or reimbursement of unauthorized medical expenses at Shands Jacksonville Hospital on January 2, 2009 was denied because the condition did not meet the criteria for emergency treatment and there were no other conditions met under 38 U.S.C.A. § 1725.
The deciding factor: The Veteran's symptoms had been present for approximately two months prior to his hospitalization, which precluded it from being an emergent medical condition as defined by VA regulations.
- Claimed conditions
- abdominal pain, diverticulosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 8, 2011
- Citation
- 1144850
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 1144850.
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 has decided to remand the case due to a duty to assist error, and will need to obtain an addendum medical opinion regarding the nature and etiology of the Veteran's diverticulosis and colon tumor.
- Granted
The Veteran's service connection claims for various conditions, including adjustment disorder, benign skin lesions, actinic keratosis, poikiloderma, porokeratosis, Parkinson's disease, benign prostatic hypertrophy, hypertension, increased urinary frequency, diverticulosis, duodenal ulcer, and bilateral cataracts are all granted due to exposure to herbicide agents, mustard gas, and ionizing radiation during service.
- Remanded (sent back)
The Board has remanded several issues related to the Veteran's service connection claims due to errors in the initial decision, including inadequate medical opinions and failure to consider all theories of entitlement.
- Remanded (sent back)
The Board has found that the Veteran does not have a current respiratory disability other than sleep apnea. The claims for abdominal pain, type I diabetes, peripheral neuropathy of the upper and lower extremities, and an immune disorder are remanded due to a duty to assist error.
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