The Board has determined that the Veteran's condition was an emergent medical emergency, and VA facilities were not feasibly available at the time of her treatment. Therefore, payment or reimbursement for unauthorized medical expenses incurred by non-VA providers is granted.
The deciding factor: The Veteran's condition was deemed to be an emergent medical emergency due to her history of porphyria and other health conditions, making it reasonable for her to seek immediate care at a non-VA facility. Additionally, VA facilities were not feasibly available when the treatment was needed.
- Claimed conditions
- porphyria, influenza A infection, asthma, hypothyroidism, recurrent falls over the past several months, traumatic brain injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 7, 2020
- Citation
- 20001091
Veterans Law Judge
Decisions by this judge: 1,934 · Granted: 41% (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 20001091.
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.
- Remanded (sent back)
The Board has determined that additional development is needed for the claims on appeal, including obtaining any outstanding treatment records and scheduling VA examinations to assess the current severity of service-connected disabilities. The Veteran's representative also requested reevaluation of his service-connected disabilities.
- Denied
The Veteran's respiratory disability, including asthma and COPD, is denied as service connection is not warranted due to the condition being solely attributed to smoking.
- Remanded (sent back)
The Board has decided to remand the cases of sleep apnea and asthma due to a failure to provide proper notice for a hearing.
- Dismissed
The Veteran's appeals for service connection for asthma and a 10 percent rating based on multiple noncompensable service-connected disabilities were dismissed. The claim of entitlement to a compensable rating for eczema was denied, while the claim of entitlement to allergic rhinitis was not addressed as it pertained to different issues.
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