The Board has determined that the Veteran's unauthorized medical expenses incurred on April 17, 2009 and May 7, 2009 do not meet the criteria for payment or reimbursement under 38 U.S.C.A. § 1728 due to lack of emergency treatment.
The deciding factor: The Board found that there was no credible evidence that the Veteran had symptoms that a prudent layperson possessing an average knowledge of health and medicine could reasonably expect the absence of immediate medical attention to place his health in serious jeopardy, thus not meeting the criteria for 'emergency treatment' as defined by VA regulations.
- Claimed conditions
- somatization disorder with organic brain syndrome, cervical spine disability, lumbar spine disability, tinnitus, vascular headaches, temporomandibular joint syndrome, degenerative joint disease of the right knee, degenerative joint disease of the right ankle, hypertension, open angle glaucoma, bilateral eyes with scotoma (right eye), impotence
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 21, 2013
- Citation
- 1305972
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 1305972.
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 remanded the claims for service connection for hypertension and peripheral neuropathy of the bilateral upper and lower extremities due to insufficient medical opinions regarding their etiology.
- Remanded (sent back)
The Board has remanded the claims for service connection for hearing loss, tinnitus, and an acquired psychiatric disorder due to incomplete medical records and need for further examination.
- Denied
The Board denied the Veteran's claims for service connection for tinnitus, arthritis, and memory loss. The decision found no evidence linking these conditions to his military service.
- Granted
The Veteran's tinnitus is granted as service connected. The issues of foot disability and cardiovascular disorder are remanded for additional development.
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