The Board denied the Veteran's claim for payment or reimbursement of medical expenses incurred from March 7 to 9, 2013, at Parma Community General Hospital due to the Veteran having coverage under a health-care plan at the time of treatment and not exhausting all remedies against his health-care plan.
The deciding factor: The Board found that without evidence establishing what portion of the expenses were paid by the Veteran's health-care plan or if any portion was not covered, VA could not make payment on the claim. Additionally, subsequent to the December 2019 remand, the Federal Circuit ruled that a deductible is considered a 'similar payment' under 38 U.S.C. § 1725(c)(4), thus prohibiting reimbursement for such expenses.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 29, 2024
- Citation
- 24033613
Veterans Law Judge
Decisions by this judge: 2,036 · Granted: 27% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 24033613.
What this means for you
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