The Board found that the appellant's cervical spine surgery was not an emergency and VA facilities were feasibly available, thus denying entitlement to payment or reimbursement of unauthorized medical expenses.
The deciding factor: The appellant did not meet the criteria for emergency treatment as his condition could have been managed without immediate surgical intervention.
- Claimed conditions
- Cervical spine condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 11, 2015
- Citation
- 1538970
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 1538970.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for cervical spine condition and left shoulder condition due to a pre-decisional duty to assist error, as VA failed to provide the Veteran with VA examinations and medical opinions to assess the nature and etiology of his conditions.
- Granted
The Veteran's claim for service connection for a cervical spine condition was granted as new and relevant evidence has been received. The case is remanded to obtain additional medical records, provide a VA examination, and determine the etiology of the Veteran's cervical spine condition.
- Remanded (sent back)
The Board has remanded the cases for further development and consideration due to inadequate opinions regarding the Veteran's cervical spine condition and TBI. The VA will obtain an adequate opinion on both issues.
- Remanded (sent back)
The Board has remanded the Veteran's claim for service connection for a cervical spine condition due to new evidence submitted since the last decision. The VA examinations provided conflicting opinions regarding the etiology of the Veteran's cervical spine condition, and a new examination is needed.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.