The Veteran seeks reimbursement or payment for unauthorized medical services provided at Flagler Hospital from May 25, 2011 to May 26, 2011. The VAMC must consider whether a VA facility was capable of accepting transfer of the Veteran on May 24, 2011.
The deciding factor: The VAMC needs to determine if a VA facility was capable of accepting the Veteran's transfer at the time he stabilized and could be safely transferred to a VA or other Federal facility on May 24, 2011.
- Claimed conditions
- asbestosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 14, 2016
- Citation
- 1640627
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 1640627.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's service-connected disabilities require regular aid and attendance from another person, warranting special monthly compensation (SMC) based on aid and attendance.
- Granted
The Veteran's asbestosis disability is rated at 100% from December 2, 2024 to January 16, 2026. The issue of entitlement to TDIU is dismissed as moot.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for asbestosis with pleural plaques and vascular dementia as secondary to asbestosis with pleural plaques due to a lack of an adequate medical opinion regarding the relationship between the Veteran's conditions and his military service.
- Granted
The Veteran's asbestosis was granted an increased rating of 10 percent, but no higher. Service connection for sleep apnea was denied.
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