The Board finds that the Veteran's medical condition was of such a nature that a prudent layperson would have reasonably expected that delay in seeking immediate medical attention would have been hazardous to their life or health. The criteria for payment or reimbursement of unauthorized medical expenses incurred on November 23, 2015 are met.
The deciding factor: The Veteran's abdominal pain and gallstone condition were deemed an emergency requiring prompt treatment due to the severity of his symptoms and the prudent layperson standard applied in Swinney v. Shinseki (2009).
- Claimed conditions
- Abdominal Pain, Gallstone
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 25, 2017
- Citation
- 1742057
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 1742057.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the Veteran's claims for an initial compensable rating for allergic rhinitis and a higher rating for migraines, and remanded claims for service connection for psychiatric disorders, abdominal pain, and irritable bowel syndrome.
- Remanded (sent back)
The Board has decided that the Veteran's TBI is service-connected. The remaining issues of abdominal pain, bilateral foot disorder, epididymitis infection, right shoulder disorder, left shoulder disorder, right wrist disorder, left wrist disorder, and left hand numbness are remanded for further examination and opinion.
- Remanded (sent back)
The Veteran's claims for service connection are being remanded due to the need for further investigation and clarification of her incarceration status, as well as an audit of her pension account. Additionally, there is a need to ensure proper notification regarding her right to appeal the overpayment of $18,692.07 in pension benefits.
- Granted
The Veteran's unauthorized medical expenses incurred from August 6, 2013 to August 10, 2013 at Lake Hospital System are granted as the treatment was rendered in a medical emergency and VA facilities were not feasibly available.
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