The Board has determined that the Veteran's back pain and sciatica, which were not previously service-connected, met the criteria for emergency treatment under 38 U.S.C. § 1728 due to his inability to seek VA care in a timely manner.
The deciding factor: The Board found that the Veteran reasonably expected delay in seeking medical attention would have been hazardous to his health and that no feasible alternative VA facility was available at the time of treatment.
- Claimed conditions
- Back pain, Sciatica
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- June 6, 2018
- Citation
- 18108931
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. Read the original VA decision (opens in a new tab) using citation 18108931.
What this means for you
A grant means the Board allowed the benefit or issue identified in this decision. Review the original order: other issues in the same appeal may have a different outcome, and this decision does not predict another claim.
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 result in him needing regular aid and attendance, which has been granted for special monthly compensation at the aid and attendance rate.
- Remanded (sent back)
The Board has remanded the Veteran's claims for urinary incontinence, back pain, and bilateral foot pain due to potential service connection issues. The AOJ is required to provide a VA examination and obtain an opinion regarding whether these conditions are related to service.
- Granted
The Veteran's TDIU is granted effective December 30, 1995. Basic eligibility for Dependents' Educational Assistance (DEA) is also granted as of that date.
- Denied
The Board has determined that the Veteran is not in need of personal care services for a minimum of six continuous months due to her ability to perform ADLs independently and does not require supervision or protection based on symptoms or injuries. Therefore, eligibility to enroll in the PCAFC program is denied.
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