The Veteran is seeking payment or reimbursement for the cost of medical services received at Faith Regional Health from May 23, 2016, to May 26, 2016. The VAMC denied the claim because the Veteran was covered by Medicare and did not have a service-connected disability that would allow for payment under 38 U.S.C. § 1725. On remand, the VAMC should reconsider the claim in light of the change in regulations.
The deciding factor: The denial of the claim due to the Veteran's Medicare coverage and lack of a service-connected disability that would allow for payment under 38 U.S.C. § 1725.
- Claimed conditions
- coronary artery disease, type II diabetes mellitus, tinnitus, bilateral hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 19, 2019
- Citation
- 19147989
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- Remanded (sent back)
The Board remands the claim for service connection for tinnitus to correct a duty to assist error, as the Veteran's lay statements regarding onset and continuity of symptoms were not adequately considered in the previous decision.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Denied
The Board denied service connection for tinnitus, cubital tunnel syndrome, right plantar fasciitis, and a right knee disability due to the lack of evidence supporting a nexus between these conditions and the Veteran's military service.
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