The Veteran's unauthorized medical expenses incurred at The Villages Regional Hospital on April 2, 2011 were not authorized in advance by VA and do not meet the statutory requirements for payment or reimbursement under 38 U.S.C.A. § 1728.
The deciding factor: The treatment was not for an emergent condition as determined by a prudent layperson standard based on the contemporaneous medical records, which showed no acute symptoms of sufficient severity such that immediate medical attention would have been necessary to avoid serious health risks.
- Claimed conditions
- right foot cellulitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 18, 2016
- Citation
- 1640830
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 1640830.
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.
- Remanded (sent back)
The Board has remanded the issues of service connection for bilateral hearing loss, abdominal muscle strain, right foot cellulitis, and disability manifested by memory loss due to insufficient evidence or need for further development.
- Granted
The Veteran's right foot cellulitis is granted service connection. Service connection for cervical spine and thoracolumbar spine disorders are remanded.
- Remanded (sent back)
The Board has remanded the Veteran's claims of service connection for bilateral foot disease and right foot cellulitis due to insufficient evidence, including missing medical records from after service.
- Dismissed
The Veteran's appeals for increased disability ratings and service connection for various conditions have been dismissed.,Service connection has been granted for left knee arthritis, but not for other claimed conditions.
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