The Veteran's emergency treatment for an abscess and cellulitis at LRMC on September 15, 2016 is granted. The treatment on September 16, 2016 is denied as it did not meet the criteria for emergency medical treatment.
The deciding factor: The ER treatment on September 15, 2016 was deemed necessary due to a prudent layperson's belief that delay would have been hazardous to health and no VA facility was feasibly available. The treatment on September 16, 2016 did not meet this criterion.
- Claimed conditions
- abscess, cellulitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 27, 2019
- Citation
- 19150341
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.
- Denied
The Board denied service connection for various conditions, including left foot condition, right foot condition, cellulitis, right ear hearing loss, and right lower extremity radiculopathy. The appeal of the proposal to reduce a 40 percent evaluation for lumbosacral strain was dismissed.
- Remanded (sent back)
The Board remands the claims for service connection due to a failure by the VA contractor to provide an examination at a time when the Veteran could attend.
- Granted
The Board granted service connection for cellulitis, finding that the evidence is at least in relative equipoise regarding whether the Veteran's condition is related to his service.
- Remanded (sent back)
The Board remands the issue of entitlement to service connection for a left leg disability, including leg amputation, lack of blood flow and oxygen, lymphadenitis, and/or cellulitis, due to the need for clarification regarding the origin of the Veteran's claimed cellulitis and whether it has a nexus to service.
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