38 C.F.R. § 17.49
Priorities for outpatient medical services and inpatient hospital care
In scheduling appointments for outpatient medical services and admissions for inpatient hospital care, the Under Secretary for Health shall give priority to:
(a) Veterans with service-connected disabilities rated 50 percent or greater based on one or more disabilities or unemployability; and
(b) Veterans needing care for a service-connected disability.
Notes of Decisions
Cited in 3
cases, 1986–2016 · leading case: A Lbert E. L Ong v. Anthony J. Principi, 17 Vet. App. 555 (Vet. App. 2004).
A Lbert E. L Ong v. Anthony J. Principi, 17 Vet. App. 555 (Vet. App. 2004). “Long filed a reply brief contending that the adoption of 38 C.F.R. § 17.49 on September 17, 2002, directly addresses the problem that he has raised.”
Del Valle Rivera v. United States, 630 F. Supp. 750 (D.P.R. 1986). “Pedro Garcia Pont, Chief of Gastroenterology, Veterans Administration Hospital, called to the stand by plaintiffs, confirmed that even though Veterans Administration Hospitals function on treatment and follow-up priorities on a different orientation than that of private…”
Duane James Barnes v. Dep't of Vets. Affairs (MSPB 2016). “38 , which defines the hospital, outpatient, and extended care services that constitute a “medical benefits package”; and (2) 38 C.F.R. § 17.49 , which establishes priorities for scheduling appointments for outpatient medical services and inpatient hospital care.”
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