The Veteran's unauthorized medical expenses incurred on September 7, 2009 at Tallahassee Memorial Hospital are not eligible for reimbursement under VA regulations because the emergency treatment was not rendered in response to a medical emergency of such nature that delay would have been hazardous to his life or health.
The deciding factor: The symptoms described by the Veteran were persistent and had been present for 8-10 days before seeking treatment, which did not meet the criteria for an emergent situation as defined by VA regulations.
- Claimed conditions
- depressive disorder with anxiety disorder, neck strain, herniated nucleus pulposus L5-S1, residuals of right knee injury, residuals of right ankle strain, left L5/S1 radiculopathy, residuals of right clavicle fracture, left ankle strain, bilateral pes planus, left inguinal herniorrhaphy, left breast biopsy scar
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- 90%
- Decision date
- August 29, 2014
- Citation
- 1438660
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 1438660.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
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The Board denied the Appellant's requests for earlier effective dates for his service connection for bilateral pes planus and gynecomastia scar residuals, finding that the earliest possible effective dates are the dates of receipt of the claims.
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The Veteran's service-connected conditions did not cause or contribute to his death due to a vehicular accident, which was primarily caused by the driver's negligence and poor visibility conditions.
- Denied
The Veteran's hypertension, bilateral pes planus, PTSD, and anxiety were all denied as service connection was not established based on the evidence of record.,Bilateral pes planus was denied due to lack of current diagnosis.
- Denied
The Board denied service connection for treatment purposes only under Chapter 17 for various conditions, including cervical spine condition, right upper extremity nerve condition, left upper extremity nerve condition, headache condition, right wrist condition, left wrist condition, right elbow condition, left elbow condition, right shoulder condition, obstructive sleep apnea (OSA), bilateral pes planus, right ankle disorder, left ankle disorder, and left knee disorder.
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