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Court Rules VA Must Pay

By USVCP Staff Writers
September 12, 2019                    

             

In the past, the Department of Veterans Affairs (VA) was adamant it did not have to pay emergency room medical bills for veterans who sought out treatment at civilian hospitals.  Now, all veterans who were forced to pay out of pocket hospital bills from non-VA emergency rooms recently received a major reprieve. 

   

On September 11, 2019, the U.S. Court of Appeals for Veterans Claims (CAVC) ruled that the VA is responsible for reimbursing veteran's who spent money in non-VA emergency rooms.

  

The court found the VA's 2018 reimbursement policies to be in violation of the Emergency Care Fairness Act of 2010 which requires VA to reimburse veterans if they have to pay out of pocket for emergency room expenses at a non-VA facility.

  

  

  

  

  

  

  

  

  

   

  

According to the U.S. Court of Appeals, the VA has wrongfully been denying veterans’ claims while also misrepresenting a regulation that entitles them to reimbursement veterans.

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Comments

Martin Kuettel, 5/20/20

It has been several several years since I visited a non VA emergency room for a dislocated hip. As a retiree I was grateful that I had Medicare & Tricare for Life. I never received a bill for the service I received.

  

Michael Niuatoa, 5/20/20

I was taken to the emergency room at Tri City Hospital, Oceanside, California. The Dr determined to removed my Gall bladder and some of my Pencreatas. VA told me they will not pay for it. So I have to paid it myself. I was admitted for 10 Days in the hospital.

    

Mark Klouda, 5/20/20

How do you get them to pay when it ended up on your credit report? I still have one on my credit report.

  

Andrew Moothart, 5/20/20

I would like to know when the VA is going to get off their butt and start paying compensation for the last four sicknesses that the study found to be connected to agent Orange. They need to stop stalling.

  

  

   

   

   

   

  

  

   

   

   

Richard Seibert, 5/20/20

What about ambulance bills?

        

Frank LeMoine, 5/14/20

If all vets get together to file a class action against VA for violating
Emergency Care Act and not like what happened in agent orange case every body including family get every body attention. Congress be involved investigate VA misguided interpretation that this Emergency Care applies to all vets regardless and retro active all medical claims prior 2010 for emergency visit reimbursement. This especially applied a lost vets that have various agent orange e.g. like hearts disease and in er for a heart attach. Vets that have TBI which multiple medical issues e.g. migraine, epiipsey or seizure and that can happen without much warning. Most vets go er for bone fractures and maybe involved in car wrecked. VA either your best buddy and maybe not so? Oder vets like me like other older vets needs to think about vets coming home from war that do not face this same fate about the VA care less attitude or else! VA er for most vets can means life or death situation especially for vets that live in rural area. All vets need get on band wagon and made contacts if need be with lawyers get involved to help us vets make changes Emergency Care Act for max reimbursements.

      

  

  

  

  

  

  

  

  

  

   

Albert Johnson, 12/24/19
It is about time. We can give away billions to other countries but not pay veterans for injuries that occurred fighting for others. When was the last time we had to fight for our own turf.

      

Bradford Duarte, 10/28/19
FMP sucks when it comes to reinbursememt.

   

Ray McCollum, 10/4/19
I went to ER for chest pain and had to pay my bills.  A law firm contacted me and I had to pay the bills.  VA paid about$8. And I paid the rest.

      

Jack Kinser, 9/27/19
I have lots of bills the VA won't pay.

     

Timothy O'Neil, 9/13/19

Great news! I have always wondered why VA can claim reimbursement from MEDICARE and my medical insurance but I can not get reimbursed for my civilian medical expenses in an expeditious manner. My civilian doctors have issues with VA reimbursements in that they take forever!

                      

William Redington, 9/13/19

It about time something good for vet.

     

John R. Morgan, Sr., 9/13/19

It is about time that the VA has to pay and should have been decades ago and wish the courts would make the VA go back and search for any and all claims for emergency or outside hospital bills us veterans got and they denied. Maybe the veteran forgot have to contact VA first which is impossible at times when worrying about staying alive or just that the ambulance will only take to nearest hospital. If told need helicopter transport to a VA hospital for treatment for urgent care the VA would deny that as well. Had two times had to go to an outside hospital and was denied but I am one of the lucky ones have Medicare and outside medical coverage thru my employer that I continued when I retired so most of it was paid and the VA as usual got out of paying. I imagine they will ignore the court order and find a way to deny still.

    

Bobby Bowman, 9/13/19

Unfortunately the VA has been broken for a long time. Veterans should be able to seek emergency medical treatment at the nearest medical facility appropriate for the emergency.

       

Edward Stengel, 9/13/19

So now that we know that the VA must reimburse veterans for out of pocket non-VA emergency room services, how does the veteran get reimbursed for those expenses? Is there a certain form to fill out? How about giving some useful information.

   

Jonathan Kempton, 9/13/19

Please send any money owed to my father , Walter eugene kempton, a Vietnam vet . Who died as a result of agent orange to me, his only child. 

   

Joshua Parker, 9/13/19

Does this also apply to Veterans living overseas?  I am still currently 13,000 in the hole for an emergency surgery that was required after sustaining a complete achilles tear due to my SC disabilities.  The FMP rejected all costs due to "condition not covered".  The condition was not listed because it had just happened.  I filed a claim that was then granted Secondary SC.  The FMP has yet to reimburse any costs, my credit is now ruined for the next 7 years and I am in danger of losing my house in the next 3 months.  Calls to the FMP are answered with "you just have to wait"  I have been "just waiting" for almost 2 years.