The Board found that the January 23, 2014 private care at Shands Jacksonville did not constitute emergency treatment and that VA facilities were feasibly available on that date. Therefore, payment or reimbursement for unauthorized medical expenses is denied.
The deciding factor: No 'medical emergency' existed as defined by the prudent layperson standard, and VA facilities were feasible alternatives to the non-VA care provided.
- Claimed conditions
- Right Knee Pain
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 12, 2014
- Citation
- 1454939
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 1454939.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has granted service connection for right knee pain and left knee pain, finding that the Veteran's current conditions are related to his military service.,Both knees were diagnosed with osteoarthritis including patellofemoral pain syndrome, which began during active service.
- Granted
The Board has granted service connection for chronic right knee pain, finding that the Veteran's current condition is at least as likely as not related to rigorous physical activity including running during his military service.
- Dismissed
The Veteran's low back strain is rated at 40 percent, and the issues of IBS and CFS are dismissed. The Veteran's PTSD and depressive disorder with a major depressive episode do not meet criteria for a higher rating. Service connection is granted for cervical strain and right knee pain.
- Remanded (sent back)
The Board has remanded the claims for service connection for left eye condition, bilateral knee pain, low back pain, and bilateral shoulder pain due to a pre-decisional duty to assist error. The Veteran's STRs are incomplete and need to be obtained, as well as VA examinations to determine the nature and etiology of any diagnosed disabilities.
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