The Veteran's claim for payment or reimbursement of unauthorized medical treatment provided at Mercy Medical Center on September 17, 2012 is denied because a VA facility was feasibly available and an attempt to use the VA facility would have been considered reasonable by a prudent layperson.
The deciding factor: A VA facility was available but the Veteran chose not to seek treatment due to a perceived one-hour wait time at the VA ER, which he believed was detrimental to his health.
- Claimed conditions
- high blood pressure
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 17, 2019
- Citation
- 19104510
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
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The Board denied service connection for arthritis of all joints from head to toe, sleep apnea, prostate cancer, high blood pressure, a right knee disability, and a left knee disability as there was no evidence of current diagnoses or etiological relationships to the Veteran's service.
- Remanded (sent back)
The Board remands the issues of service connection for hypothyroidism, diabetes type II, high blood pressure, insomnia disorder, and sleep apnea due to a duty to assist error and because these conditions may be secondary to the Veteran's already service-connected condition of hypothyroidism.
- Remanded (sent back)
The appeal for special monthly pension (SMP) based on the need for regular aid and attendance or housebound status is remanded to ensure that the appellant receives every possible consideration, including a new VA examination.
- Remanded (sent back)
The Board remands the claims for service connection for celiac disease, rectal bleeding, erectile deformity (other than erectile dysfunction), high blood pressure, and chest pain to the VA Regional Office for issuance of a Statement of the Case.
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