The Board denied the Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Conejos County Hospital on December 5, 2011 and December 8, 2011 because the treatment was not for an emergency condition and VA facilities were feasibly available.
The deciding factor: The physical therapy provided by PT clinic did not constitute emergent treatment as there was no indication of an existing medical emergency. The Veteran could have sought treatment from a VA facility or another federal agency, which was feasible given the availability of other healthcare options.
- Claimed conditions
- Back pain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- January 19, 2021
- Citation
- 21002959
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. Read the original VA decision (opens in a new tab) using citation 21002959.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Granted
The Veteran's service-connected disabilities result in him needing regular aid and attendance, which has been granted for special monthly compensation at the aid and attendance rate.
- Whole decision: Remanded (sent back)
The Board has remanded the Veteran's claims for urinary incontinence, back pain, and bilateral foot pain due to potential service connection issues. The AOJ is required to provide a VA examination and obtain an opinion regarding whether these conditions are related to service.
- Whole decision: Granted
The Veteran's TDIU is granted effective December 30, 1995. Basic eligibility for Dependents' Educational Assistance (DEA) is also granted as of that date.
- Whole decision: Denied
The Board has determined that the Veteran is not in need of personal care services for a minimum of six continuous months due to her ability to perform ADLs independently and does not require supervision or protection based on symptoms or injuries. Therefore, eligibility to enroll in the PCAFC program is denied.
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