Emergency Room Treatment

[deanbrt]

This is for a friend of mine. Steve is a boots on the ground Vietnam combat veteran with leukemia that is 100% VA disabled. His leukemia was in remission but it came back with a vengeance. He ended up in the local emergency room for two days. I had been after him to file for SS disability (he is 62) but he has not done it so his only insurance is VA, They paid for the first day of treatment at Sartori Hospital but refuse to pay for the second day and now Steve owes the hospital over $9,000. Steve just finished his third round of chemo at the VAMC in Iowa City. Any suggestions on how he should appeal with the VA for payment of the second day? Steve is also past commander of the local AmVets post.. He doesn't have the money.......

[Wings]

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This is a claim you must file (in writing) with the VAMC's office of Fee Base Care. All of veterans law (Title 38) is Administrative Law; that being so, your claims are in writing, your decisions are in writing, and your appeals are in writing. Without a denial of benefits in writing, you can not appeal. So, file your claim with the Fee Base Office, and plan to appeal. Tell the creditors that the veteran has filed a claim for his VA medical benefits, and ask them to stay the payments until you have a decision/appeal/decision. You can also plan to hire a veteran's attorney if the VA Fee Base office does not cooperate. Just my intial thoughts. Do you have the fee base office name and address, tel number and fax? I think claims may be moving more expendiently for faximile these days. Thank you for helping your friend. ~Wings

[Philip Rogers]

This post troubles me. When does a 100% SC veteran take responsibility for his actions???? He should know his responsibilities. I get the feeling we're/you're getting only half the story and therefore feel responding would be a waste of my/our time. jmo

pr

[deanbrt]

thanks, Wings. I will pass this info along to him.

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This is a claim you must file (in writing) with the VAMC's office of Fee Base Care. All of veterans law (Title 38) is Administrative Law; that being so, your claims are in writing, your decisions are in writing, and your appeals are in writing. Without a denial of benefits in writing, you can not appeal. So, file your claim with the Fee Base Office, and plan to appeal. Tell the creditors that the veteran has filed a claim for his VA medical benefits, and ask them to stay the payments until you have a decision/appeal/decision. You can also plan to hire a veteran's attorney if the VA Fee Base office does not cooperate. Just my intial thoughts. Do you have the fee base office name and address, tel number and fax? I think claims may be moving more expendiently for faximile these days. Thank you for helping your friend. ~Wings

[deanbrt]

This is just a pathetic answer from a reputed elder. We are talking about a boots on the ground Vietnam combat veteran dying of Agent Orange related leukemia. You should be ashamed of this response. No wonder people are not posting here. Thank God for people like Wings....

This post troubles me. When does a 100% SC veteran take responsibility for his actions???? He should know his responsibilities. I get the feeling we're/you're getting only half the story and therefore feel responding would be a waste of my/our time. jmo

pr

[jbasser]

I suggest you read the rules verses the VA and treatment of service connected disabilities in emergency situations.

From what I take is the veteran or someone must contact the VA and tell them the veteran is in a non VA hospital in an emergency situation.

The VA will pay for the treatment until the Veteran can be moved to the VA. If the veteran stabilizes and is not transferred to the VA then the Veteran is not entitled to payment.

If the event is after hours, the Vet or his representative must call the VA and speak to the AOD.

I feel for this vet but if he is a Post Commander for the VFW he has a service officer working under him and he should know what to do.

Thank you for helping him.

J

[jbasser]

Dean, here is some additional information.

http://www.va.gov/healtheligibility/Library/FAQs/ECFAQ.asp#emergency