The Veteran's claim for payment or reimbursement of unauthorized medical services provided on February 2, 2017, at Sparrow Hospital was denied because the treatment was not for a condition requiring immediate medical attention and a VA facility was feasibly available.
The deciding factor: The surgery was pre-scheduled one week in advance and the Veteran had ongoing symptoms that she had experienced for 5 to 6 years. The Veteran chose to seek non-VA treatment instead of waiting for a VA appointment, indicating she did not consider seeking prior VA authorization reasonable or practical.
- Claimed conditions
- cholelithiasis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- July 26, 2023
- Citation
- 23040955
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 23040955.
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 cholelithiasis, status-post cholecystectomy, has been rated at 30 percent since the decision was made. The rating is for severe symptoms including abdominal pain and chronic diarrhea.
- Whole decision: Denied
The Veteran's initial compensable evaluation for cholelithiasis with subsequent gallbladder removal is denied as she has not been shown to have moderate cholecystitis or mild symptoms resulting from the procedure.
- Whole decision: Remanded (sent back)
The Board has remanded the case due to non-compliance with prior remand directives and a need for further medical opinions regarding whether pain medications used for service-connected low back disability caused or aggravated gallbladder disability.
- Whole decision: Granted
The Board granted an increased (Level 2) stipend in the PCAFC for the Veteran's caregiver due to the need for continuous supervision and protection based on the Veteran's medical conditions.
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