The Veteran's treatment at the Memorial Hospital Jacksonville on February 7, 2018 was for a cold with nasal congestion. The Board found that VA facilities were feasibly available and an attempt to use them beforehand would have been considered reasonable by a prudent layperson.
The deciding factor: The Veteran's condition of having a cold with nasal congestion did not meet the criteria for emergency treatment as defined in VA regulations, given the availability of VA facilities nearby.
- Claimed conditions
- Nasal congestion, Upper respiratory infection
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 10, 2020
- Citation
- 20002270
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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Other Board decisions on a similar condition or argued the same way.
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