The Veteran's unauthorized medical expenses incurred on December 4, 2010 were denied as the treatment provided was not for a condition of such nature that a prudent layperson would have reasonably expected delay in seeking immediate medical attention to be hazardous to her life or health.
The deciding factor: The Veteran did not present symptoms indicating an acute emergency and there was no evidence she faced a risk to her life or health if treatment was delayed. The Veteran could have sought care at the VA Community-Based Outpatient Clinic, which is less than five miles away and operates during regular business hours.
- Claimed conditions
- Upper Respiratory Infection
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 9, 2015
- Citation
- 1538407
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 1538407.
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.
- Granted
The Veteran's appeal for reimbursement of non-VA medical expenses incurred on August 1, 2014 at Northside Hospital is granted. The Board affords the benefit of doubt to the Veteran and finds that VA facilities were not feasibly available.
- Dismissed
The Veteran's appeal has been dismissed for the following issues: increased rating for allergic rhinitis, service connection for left leg disability, recurrent ovarian cyst, heart palpitations, and upper respiratory infection. The Veteran's psychiatric disabilities have been granted an increased rating of 100%.
- Partly granted
The Veteran's claim for service connection for upper respiratory infection has been withdrawn. The increased rating for hypertension is granted, and GERD is denied.,Bilateral hearing loss and tinnitus are remanded due to the need for updated VA examinations.
- Granted
The Veteran's claim for service connection for allergic rhinitis with upper respiratory infection and allergies was granted, effective November 13, 1996.
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