The Board denied payment for medical expenses incurred at Oregon State Hospital from July 6, 2017 to April 9, 2018 due to the agency of original jurisdiction's finding that VA was prohibited from making payments as the Veteran received care in an institution of another government agency (OHA) with a duty to provide such care.
The deciding factor: The treatment provided to the Veteran at OSH was hospital care for a patient of an institution of a state government agency, and the agency had a duty to provide such treatment. Therefore, VA is barred from paying for the services under 38 C.F.R. § 17.38(c)(5).
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 14, 2019
- Citation
- 19186145
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
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.