The Veteran's claim for payment or reimbursement of unauthorized medical treatment provided on July 6, 2012, at Florida Hospital Fish Memorial is denied because the condition was not an emergency and a VA facility was feasibly available.
The deciding factor: The evidence does not support that the migraine was of such severity to constitute a medical emergency, nor did it demonstrate that a VA or other Federal facility was not feasibly available and using them beforehand would not have been considered reasonable by a prudent layperson.
- Claimed conditions
- Migraine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 16, 2018
- Citation
- 18142628
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 18142628.
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)
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- Dismissed
The Veteran's appeal for increased ratings of depressive disorder and erectile dysfunction has been withdrawn by the Veteran.,Service connection for allergic rhinitis is granted, with a finding that it was related to service exposure. The Veteran's TDIU claim is denied due to his ability to secure and follow substantially gainful employment.
- Remanded (sent back)
The Veteran's claim for a higher rating for migraine, including migraine variants, is remanded due to incomplete development of the record and need for an updated medical opinion.
- Remanded (sent back)
The Board has found that new evidence received since the April 2018 rating decision tends to prove or disprove a matter at issue in the claim of service connection for TBI, including migraine and migraine variants. The AOJ is required to readjudicate the claim taking into consideration all of the evidence of record.
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