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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 32789
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Is the VA liable to cover the cost of emergency treatment

Customer Question

Is the VA liable to cover the cost of emergency treatment for something non-service connected that was within a two year period prior to notification of 100% disability award if it is applied for within two years of the award..?
Submitted: 4 months ago.
Category: Military Law
Expert:  P. Simmons replied 4 months ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

Sorry...I do not understand the question...are you asking if the VA has to pay for treatment of non service connected conditions if the patient is not rated at 100%?

Customer: replied 4 months ago.
No basically for example if the vet got a rating of 100% in 2012, should the VA retroactively cover emergency treatment for non service related issues in 2011 for example?
Expert:  P. Simmons replied 4 months ago.

Thank you

The law does not require that. That is, by law the VA is obliged to provide treatment for service related medical conditions. And a patient who is rated at %100 is provided free health care from the VA.

But there is no rule that requires the VA to extend medical care to any time prior to the rating decision.

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that the VA must cover this retroactively, but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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