The Veteran's claim for payment of non-VA care provided at Mercy Health Saint Ritas Medical Center LLC on May 14, 2021 is granted due to the timely filing and eligibility under 38 U.S.C. § 1728.
The deciding factor: The Board found that the Veteran's claim was timely filed as he had a total disability rating at the time of the care on appeal, meeting the requirements under section 1728.
- Claimed conditions
- adjustment disorder with mixed anxiety and depressed mood, obstructive sleep apnea (OSA), cervical spine degenerative arthritis and myofascial pain syndrome, right labral tear with arthroscopic repair and femoral osteoplasty with impingement, bilateral pes cavus, tinnitus, traumatic brain injury (TBI), hiatal hernia with gastroesophageal reflux disease (GERD), lumbar strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- March 9, 2026
- Citation
- A26020904
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 A26020904.
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 has remanded the claims for service connection for hearing loss, tinnitus, and an acquired psychiatric disorder due to incomplete medical records and need for further examination.
- Denied
The Board denied the Veteran's claims for service connection for tinnitus, arthritis, and memory loss. The decision found no evidence linking these conditions to his military service.
- Granted
The Veteran's tinnitus is granted as service connected. The issues of foot disability and cardiovascular disorder are remanded for additional development.
- Granted
The Board has granted service connection for tinnitus, finding that it is at least as likely as not that the Veteran experienced tinnitus during his active duty service.
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.