The Veteran's emergency room visit at Flagler Hospital on November 1, 2010 was deemed an emergency due to his flu symptoms. The closest VA facility was not feasibly available and attempting to use it beforehand or obtaining prior authorization would not have been reasonable, sound, wise, or practicable.
The deciding factor: The medical care provided in the emergency room was rendered in a medical emergency of such nature that delay would have been hazardous to life or health.
- Claimed conditions
- flu
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 27, 2013
- Citation
- 1339142
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 1339142.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the claims for service connection for various conditions, including psychiatric disorders and musculoskeletal issues, due to a pre-decisional duty to assist error.
- Granted
The Veteran's emergency room visit at Shands Hospital in Jacksonville was for flu symptoms and the treatment received met all criteria for payment or reimbursement under VA regulations.
- Denied
The Board finds that the Veteran's unauthorized medical expenses incurred on September 18, 2009 do not meet the criteria for payment or reimbursement under the provisions of 38 U.S.C.A. § 1725 and 38 C.F.R. §§ 17.1000-1008 due to lack of emergency treatment and other eligibility requirements.
- Denied
The Veteran's claim for service connection for a disability manifested by chronic sore throat, to include cough, fever, and flu was denied as there is no current evidence of such a condition.
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