The Veteran's medical expenses at a private hospital were denied because the nearest VA facility was feasibly available and his situation did not meet the criteria for emergency treatment.
The deciding factor: The Board found that the nearest VA facility was feasibly available, despite the Veteran's preference for driving to a private hospital due to safety concerns. The medical situation did not meet the criteria for an emergent condition as defined by VA regulations.
- Claimed conditions
- abscess, infection
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 6, 2018
- Citation
- 18124232
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 18124232.
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 remands the claim for an additional VA examination to determine if the Veteran has additional disability due to a December 2012 surgery and whether such disability was caused by fault on the part of VA.
- Remanded (sent back)
The Board has determined that the VA medical opinion obtained in October 2023 is inadequate and constitutes a pre-decisional duty to assist error. The Veteran's claim of entitlement to compensation benefits under 38 U.S.C. 1151 for infection and inflammatory reaction due to internal right knee prosthesis, due to treatment by VA, is remanded.
- Remanded (sent back)
The Board has remanded the claims for service connection for various conditions, including hypertension, type II diabetes mellitus (DMII), skin rash, infection, cardiomyopathy, fluid around the heart, mesothelioma, and PTSD. The AOJ is required to verify the Veteran's exposure to toxins, including asbestos, and herbicide agents during his active service.
- Denied
The Veteran's claim for compensation under 38 U.S.C. § 1151 for an infection, status post total right knee replacement is denied because he did not have a current disability characterized as an infection of the right knee during the claim period.
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