38 C.F.R. § 17.35

Hospital care and outpatient services in foreign countries

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(a) Under the VA Foreign Medical Program, VA may furnish hospital care and outpatient services to any veteran outside of the United States, without regard to the veteran's citizenship:

(1) If necessary for treatment of a service-connected disability, or any disability associated with and held to be aggravating a service-connected disability;

(2) If the care and services are furnished to a veteran participating in a rehabilitation program under 38 U.S.C. chapter 31 who requires care and services for the reasons enumerated in § 17.47(i)(2).

(b) Under the Foreign Medical Program, the care and services authorized under paragraph (a) of this section are available in the Republic of the Philippines to a veteran who meets the requirements of paragraph (a) of this section. VA may also provide outpatient services to a veteran referenced in paragraph (a)(1) in the VA outpatient clinic in Manila for the treatment of such veteran's service-connected conditions within the limits of the clinic. Non-service connected conditions of a veteran who has a service-connected disability may be treated within the limits of the VA outpatient clinic in Manila.

(c) Claims for payment or reimbursement for services not previously authorized by VA under this section are governed by §§ 17.123-17.127 and 17.129-17.132.

[83 FR 29448, June 25, 2018]

Notes of Decisions

Cited in 4 cases (4 in the last 5 years), 2021–2023 · leading case: Van Dermark v. McDonough, 57 F.4th 1374 (Fed. Cir. 2023).

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Van Dermark v. McDonough, 57 F.4th 1374 (Fed. Cir. 2023). “Current 38 C.F.R. § 17.35 (a) and (c)—with predecessors dating back as far as 1959, see 24 Fed.”

Vet. Warriors, Inc. v. Sec'y of Vets. Affairs, 29 F.4th 1320 (Fed. Cir. 2022). “See 38 C.F.R. §§ 17.35 (providing the VA discretion to provide hospital services abroad), 21.”

Peter Van Dermark v. Denis McDonough (Vet. App. 2021). · cites it 2× “" 38 C.F.R. § 17.35 (a)(1)-(2) (2020). Subsection (b) addresses the special 1 "The term 'State' means each of the several States, Territories, and possessions of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.”

Vet. Warriors, Inc. v. Sec'y of Vets. Affairs (Fed. Cir. 2022). “See 38 C.F.R. §§ 17.35 (providing the VA discretion to provide hospital services abroad), 21.”

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