The Veteran's non-VA medical care at Sarasota Memorial Hospital on February 1, 2016 was for a condition of such nature that a prudent layperson would have reasonably expected delay in obtaining treatment to be hazardous. The nearest VA facility was not feasibly available and an attempt to use it beforehand would not have been considered reasonable by a prudent layperson.
The deciding factor: The Veteran's emergency eye surgery on February 1, 2016 was for a condition of such severity that delay in seeking immediate medical attention would have been hazardous to her health.
- Claimed conditions
- vision loss, retinal detachment
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 29, 2019
- Citation
- 19106789
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted compensation and service connection for various conditions, including those under 38 U.S.C. § 1151, as well as a total disability rating based on individual unemployability due to service-connected disabilities.
- Partly granted
The appeal for readjudication of the claim of entitlement to service connection for vision loss has been withdrawn.,Readjudication of the claim for entitlement to service connection for asthma is granted, as new and relevant evidence has been received.,Readjudication of the claim for entitlement to service connection for hypertension is granted, as new and relevant evidence has been received.,Readjudication of the claim for entitlement to service connection for loss of taste (ageusia) and loss of smell (anosmia) is granted, as new and relevant evidence has been received.,The claim for entitlement to service connection for chloracne, to include as secondary to in-service herbicide exposure, is denied, as new and relevant evidence has not been received.,Entitlement to service connection for hypertension is granted pursuant to the PACT Act.
- Denied
The Board denied service connection for neck condition, acquired psychiatric disorder, injury to head, migraines, and vision loss as the evidence did not support a finding of current disability related to service.
- Denied
The appeal for compensation under 38 U.S.C. § 1151 for open angle glaucoma, retinal detachment, and cataract (eye disability) was denied as the evidence did not support a finding that these conditions were caused by VA's carelessness or negligence.
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