Citation Nr: 18159320
Decision Date: 12/18/18	Archive Date: 12/18/18

DOCKET NO. 16-40 553A
DATE:	December 18, 2018
ORDER
Entitlement to payment or reimbursement of private medical treatment received from Renal Hypertension Center on November 28-29, 2015, is granted.
FINDING OF FACT
The Veteran received treatment from Renal Hypertension Center from November 26-29, 2015; VA facilities were not feasibly available during that period.
CONCLUSION OF LAW
The criteria for payment or reimbursement of non-authorized private medical treatment received from Renal Hypertension Center on November 28-29, 2015, have been met.  38 U.S.C. § 1725 (2012); 38 C.F.R. §§ 17.1000-17.1008 (2018). 
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran sought emergency treatment at Bayonet Point Regional Medical Center on November 26, 2015, having been found on the floor and slurring his speech by a neighbor.  Following the initial emergency treatment, the Veteran was admitted for treatment during the period November 26-29, 2015.  During that admission period, the Veteran received treatment from Renal Hypertension Center, who is also the appellant in the instant case.
VA previously approved payment to the appellant for treatment provided to the Veteran from November 26-27, 2015.  Payment for the period November 28-29, 2015, was denied based on a finding that the Veteran was then stable and could be safely transported to a VA facility. 
However, a review of the record reveals that, regardless of the determination that the Veteran had reached a point of stability, the Agency of Original Jurisdiction has determined that VA facilities were not feasibly available.  See November 2016 Clinical Tracking Record.  Assuming arguendo that the Veteran had reached the point of stability, the record indicates there was no VA facility feasibly available to which the Veteran could have been transported.
Therefore, resolving all doubt in the appellant’s favor, the Board finds that payment or reimbursement for treatment received from Renal Hypertension Center from November 28-29, 2015, is warranted.  See 38 U.S.C. § 5107(b) (2012).
 
Kristin Haddock
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Christopher Murray, Counsel