The Board denied the Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Marshfield Clinic, Eau Claire Center on March 14, 2016 due to lack of emergency condition and feasible availability of VA facilities.
The deciding factor: The evidence did not show an emergency medical condition that posed a serious threat to the Veteran's life or health, nor were VA facilities feasibly available for treatment.
- Claimed conditions
- COPD exacerbation
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 19, 2019
- Citation
- 19195325
Veterans Law Judge
Decisions by this judge: 3,217 · Granted: 46% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 19195325.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the claim for service connection for cause of death to correct a pre-decisional duty to assist error related to the Veteran's exposure to contaminated water at Camp Lejeune.
- Granted
The Board has reopened the claim for service connection for the cause of the Veteran’s death due to new and material evidence. However, it is denied as there is no evidence that COPD or COPD exacerbation are related to service, including exposure to asbestos.
- Remanded (sent back)
The Veteran's cause of death was listed as COPD exacerbation, with diabetes mellitus type II and renal insufficiency also contributing. The Board has requested additional records to determine if the diabetes contributed substantially or materially to his death.
- Granted
The Board finds that the appellant's symptoms of chest pain and shortness of breath, similar to those experienced during a 1989 heart attack, were severe enough to warrant immediate medical attention. The closest VA facility was 80 miles away, making it infeasible for him to reach within a reasonable time frame. Therefore, the Board grants payment or reimbursement for unauthorized medical expenses incurred at Cumberland Medical Center on May 27, 2008.
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