The VA is allowed by law to authorize Non-VA Facility Care.
Title 38 of the United States Code (USC) §1703 establishes clinical access
criteria and individual eligibility criteria for non-emergency fee care. VHA
must ensure that both criteria are met before authorizing inpatient care.
Clinical Access Criteria—The statute authorizes the use of fee care only if
VHA: (1) does not have the clinical capability, (2) does not have capacity, or
(3) facilities are geographically inaccessible for the veteran.
The VA even has a Website about Non-VA Care