The Board denied payment or reimbursement for unauthorized medical expenses incurred at Memorial Hermann Southwest Hospital (MHSH) from November 6 through November 12, 2012, as VA facilities were feasibly available to the Veteran on that date.
The deciding factor: VA facilities were within a reasonable distance and feasible travel time from MHSH, making them readily accessible for emergency treatment of the Veteran's condition.
- Claimed conditions
- Diabetic foot ulcers, Acute kidney failure, Sepsis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 22, 2019
- Citation
- 19105095
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.
- Remanded (sent back)
The Board remands the claims for service connection for the Veteran's cause of death and entitlement to Dependency and Indemnity Compensation under 38 USC § 1151 due to inadequate medical opinions.
- Remanded (sent back)
The Board remands the claim for service connection of the Veteran's cause of death, to include sepsis, MSSA bacteremia, and immunosuppression, due to in-service exposure to Agent Orange.
- Granted
The Board granted service connection for the cause of the Veteran's death, agreeing that his military service was a contributing factor in his death.
- Granted
The Board has determined that the Veteran’s service-connected conditions, including PTSD and major depressive disorder, contributed to his fatal drug use, which caused his death. The appeal is granted.
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