The Veteran's service-connected lumbar spine degenerative disc disease and left lower extremity sciatica required immediate medical attention on February 15, 2016. The nearest VA facility with an emergency department was over 123 miles away, making it infeasible to use them beforehand. The Board finds that the Veteran's condition constituted a medical emergency and grants payment or reimbursement for his expenses.
The deciding factor: The Veteran's severe back pain and inability to move his left leg on February 15, 2016, met the criteria of a medical emergency, making it infeasible to use VA facilities beforehand.
- Claimed conditions
- lumbar spine degenerative disc disease, left lower extremity sciatica
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 8, 2020
- Citation
- 20065556
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 remands the claims for a higher rating in excess of the current ratings for various musculoskeletal conditions.
- Partly granted
The Board denied a compensable evaluation for hypertension and granted an increased rating of 20 percent for lumbar spine degenerative disc disease from April 13, 2022. The effective date for the right lower extremity radiculopathy was also granted as May 10, 2016.
- Denied
The Board denied the Veteran's claim for an effective date prior to September 20, 2018, for the award of service connection for lumbar spine degenerative disc disease.
- Partly granted
The Board denied increased ratings for left and right lower extremity sciatica but granted separate disability ratings for neuritis and neuralgia.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.