The Board denied the Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred on May 10, 2007 at BryanLGH Heart Institute (BHI) because the treatment was not rendered in an emergency situation and a VA facility was feasibly available.
The deciding factor: The treatment provided to the Veteran did not meet the criteria for emergency treatment as defined by VA regulations due to lack of acute symptoms of sufficient severity, and there were feasible alternatives such as using VA facilities beforehand.
- Claimed conditions
- diabetes mellitus, bilateral lower extremity diabetic peripheral neuropathy, tinnitus, status post medial meniscectomy of the right knee, fracture of the right third metatarsal, left ear hearing loss, erectile dysfunction, nephropathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 20, 2013
- Citation
- 1338149
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 1338149.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's claim for an earlier effective date for diabetes mellitus type II with erectile dysfunction was denied as the evidence did not show that he had been diagnosed and manifested to at least a 10 percent disability rating on or prior to May 8, 2001.
- 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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