The Veteran's claim for reimbursement of medical services provided by Avera Heart Hospital from May 28, 2018, to June 8, 2018, is remanded due to a pre-decisional duty to assist error. The AOJ needs to obtain the amount paid by other health insurance and Medicare as well as determine if the Veteran received treatment at a VA facility within 24 months prior to May 28, 2018, and request private treatment records from Avera Heart Hospital.
The deciding factor: The Board found that there was a pre-decisional duty to assist error in obtaining evidence regarding other health insurance payments and the Veteran's VA treatment history within 24 months prior to the emergency treatment.
- Claimed conditions
- Heart attack
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 13, 2023
- Citation
- A23031728
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 A23031728.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's claim for payment or reimbursement of ambulance transportation costs incurred on January 9, 2021, was granted. The ambulance transport was deemed necessary due to the Veteran experiencing symptoms consistent with a heart attack and required immediate medical attention.
- Remanded (sent back)
The Veteran's claim for payment or reimbursement of medical expenses incurred from February 24 to February 26, 2020, at Santa Clara Valley Medical Center (SCVMC) is being remanded due to unclear decision notices and lack of documentation regarding any specific errors in the claim.
- Granted
The Veteran's emergency treatment for a heart attack was approved as reasonable and necessary, with no service-connected condition involved.
- Granted
The Veteran's unauthorized, non-VA medical expenses for a heart attack from November 29 to November 30, 2018 are granted as the care was emergent and VA facilities were not feasibly available.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
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.