(a) Alcohol and drug dependence or abuse treatment and rehabilitation may be authorized by contract in nonresidential facilities and in residential facilities provided by halfway houses, therapeutic communities, psychiatric residential treatment centers and other community-based treatment facilities, when considered to be medically advantageous and cost effective for the following:
(1) Veterans who have been or are being furnished care by professional staff over which the Secretary has jurisdiction and such transitional care is reasonably necessary to continue treatment;
(2) Persons in the Armed Forces who, upon discharge therefrom will become eligible veterans, when duly referred with authorization for Department of Veterans Affairs medical center hospital care in preparation for treatment and rehabilitation in this program under the following limitations:
(i) Such persons may be accepted by transfer only during the last 30 days of such person's enlistment or tour of duty,
(ii) The person requests transfer in writing for treatment for a specified period of time during the last 30 days of such person's enlistment period or tour of duty,
(iii) Treatment does not extend beyond the period of time specified in the request unless such person requests in writing an extension for a further specified period of time and such request is approved by the Department of Veterans Affairs Medical Center Director authorizing treatment and rehabilitation,
(iv) Such care and treatment will be provided as if the person were a veteran, subject to reimbursement by the respective military service for the costs of hospital care and control treatment provided while the person is an active duty member.
(b) The maximum period for one treatment episode is limited to 60 days. The Department of Veterans Affairs Medical Center Director may authorize one 30-day extension.
(c) Any person who has been discharged or released from active military, naval or air service, and who, upon application for treatment and rehabilitative services under the authority of this section is determined to be legally ineligible for such treatment or rehabilitation services shall be:
(1) Provided referral services to assist the person, to the maximum extent possible, in obtaining treatment and rehabilitation services from sources outside the Department of Veterans Affairs, not at Department of Veterans Affairs expense and,
(2) If pertinent, advised of the right to apply to the appropriate military, naval or air service and the Department of Veterans Affairs for review of such person's discharge or release from such service.
(Authority: 38 U.S.C. 1720A)
[47 FR 57706, Dec. 28, 1982. Redesignated at 61 FR 21965, May 13, 1996, as amended at 61 FR 56897, Nov. 5, 1996]
Notes of Decisions
Cited in
14
cases (
1 in the last 5 years), 1991–2023 · leading case:
Allday v. Brown, 7 Vet. App. 517 (Vet. App. 1995).
Allday v. Brown, 7 Vet. App. 517 (Vet. App. 1995).
· cites it 4× “§ 1728 , 38 C.F.R. §§ 17.80 , 17.100, and 17.101 (1992) (R.”
Hennessey v. Brown, 7 Vet. App. 143 (Vet. App. 1994).
· cites it 10× “Under 38 C.F.R. § 17.80 (1993), promulgated pursuant to 38 U.”
Parker v. Brown, 7 Vet. App. 116 (Vet. App. 1994).
· cites it 2× “§ 1728 (a); 38 C.F.R. § 17.80 (1993). The appellant filed an NOD regarding this decision on May 30, 1991, and on the same day a Statement of the Case (SOC) was issued regarding his claim for payment of unauthorized medical expenses.”
Van Dermark v. McDonough, 57 F.4th 1374 (Fed. Cir. 2023).
“20, 1968) ( 38 C.F.R. § 17.80 (1968)). At the time, VA’s only statutory authority for the regulation was its authority to Case: 21-2225 Document: 61 Page: 19 Filed: 01/23/2023 VAN DERMARK v.”
Bellezza v. Principi, 16 Vet. App. 145 (Vet. App. 2002).
· cites it 2× “Wasserman signed a second Report of Contact form indicating that he had reviewed the claim, and that the "[p]rofessional prerequisites of 38 C.F.R. § 17.80 [(now 38 C.F.R. § 17.120 )] have not been satisfied," and stating: "Nonemer[gency] (emer[gency] had resolved prior to…”
Schroeder v. Brown, 6 Vet. App. 220 (Vet. App. 1994).
“§§ 1728 (b)(l)-(2); 38 C.F.R. § 17.80 (1993). The Board found that while the services for which the appellant sought reimbursement were rendered in a medical emergency, they were not related to a service-connected disability, aggravation of a service-connected disability, or a…”
Cotton v. Brown, 7 Vet. App. 325 (Vet. App. 1995).
· cites it 2× “§ 1728 (a); 38 C.F.R. § 17.80 (1994). These two requirements are interrelated.”
Smith v. Derwinski, 2 Vet. App. 378 (Vet. App. 1992).
“§ 1728 (formerly § 628) and 38 C.F.R. § 17.80 (1991). Section 1728(a) states: The Secretary may, under such regulations as the Secretary shall prescribe, reimburse veterans entitled to hospital care or medical services under this chapter for the reasonable value of such care or…”
Similes v. Brown, 6 Vet. App. 555 (Vet. App. 1994).
“§ 1728 and the corresponding regulation found at 38 C.F.R. § 17.80 (1993)? (8) In that 38 U.”
Coombs v. Principi, 3 Vet. App. 530 (Vet. App. 1992).
“§ 1728 (formerly § 628), and the regulation promulgated thereunder, 38 C.F.R. § 17.80 (1991), for any privately-incurred medical expenses attributable to the melanoma.”
Whipp v. Principi, 3 Vet. App. 453 (Vet. App. 1992).
· cites it 3× “38 C.F.R. § 17.80 (1991); see 38 U.S.C. § 1728 (formerly § 628).”
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Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.