The Veteran's medical expenses for emergency treatment at Presbyterian Hospital on March 5, 2011 were approved due to the severity of his condition and the unavailability of a feasible VA facility.
The deciding factor: The Veteran's facial swelling and pain, diagnosed as dental abscess and facial cellulitis, was of such a nature that a prudent layperson would have reasonably expected delay in seeking immediate medical attention would have been hazardous to life or health. The nearest available VA facility providing emergency care on a Saturday was approximately 34 minutes (20.5 miles) from the Veteran's residence; Presbyterian Hospital was approximately 6 minutes (1.7 miles) away.
- Claimed conditions
- facial swelling, jaw pain, dental abscess, facial cellulitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 24, 2020
- Citation
- 20055885
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 20055885.
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.
- Dismissed
The Board has dismissed the appeals regarding service connection and initial rating for various conditions as the Veteran withdrew his appeal prior to a decision being made.
- Granted
The Veteran's service connection for residuals of an orthognathic surgery with jaw pain is granted. From June 1, 2012 to October 6, 2019, a 20 percent rating for her lower back condition is granted. The Veteran's claims for increased ratings for left and right lower extremity radiculopathy are denied from October 7, 2019.
- Dismissed
The Veteran's appeal for chronic rhinitis and sarcoidosis was dismissed. The appeals for erectile dysfunction, skin condition, scar, fibromyalgia, headaches, bilateral hearing loss, CFS, dental abscess, visual acuity, memory loss condition, myocardial infraction, cardiovascular disease, sleep apnea, and diabetes mellitus were all dismissed.
- Denied
The Veteran's claim for bilateral hearing loss is denied as there is no evidence of a current disability.,The Veteran's claims for hernias and jaw pain are denied due to lack of current disabilities related to the conditions.,The Veteran's claim for an acquired psychiatric disorder (claimed as alcohol use disorder) is denied as it is not service-connected.
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