Citation Nr: 18145782
Decision Date: 10/30/18	Archive Date: 10/30/18

DOCKET NO. 16-12 520A
DATE:	October 30, 2018
REMANDED
Entitlement to payment or reimbursement for the cost of unauthorized medical treatment provided on May 12, 2015, and June 13, 2015, at Gateway Medical Center is remanded.
REASONS FOR REMAND
The Veteran served on active duty in the Army from November 1998 to November 2012, including service in Iraq.  His decorations include a Purple Heart and Bronze Star Medal.
1. Entitlement to payment or reimbursement for unauthorized medical treatment is remanded.
The Veteran asserts that he was seen at Gateway Medical Center on May 12, 2015, and June 13, 2015, for excruciating back pain.  He indicates that he called VA before seeking treatment and was given approval to go to Gateway, as it was closer to his home and he could not drive the 50 miles required to get to the nearest VA emergency room.  See the November 2015 notice of disagreement, March 2016 VA Form 9.
The Board finds that remand is necessary to associate relevant treatment records with the claims file.  First, there are no May 12, 2015, treatment records from Gateway Medical Center.  VA outpatient treatment records suggest that an orthopedic office visit dated May 12, 2015 was scanned to the file, however as the Board does not have access to CAPRI, it cannot view the documents.  Furthermore, from the description, it is unclear whether the scanned document referenced is the record from Gateway Medical Center. In addition, the record does not currently contain documentation of the Veteran’s asserted approval from VA to seek treatment at Gateway Medical Center.
The matter is REMANDED for the following action:
1. Associate with the claims file all relevant treatment records from the Veteran’s treatment at Gateway Medical Center on May 12, 2015.
2. Locate all procedural and administrative VA records associated with the Veteran’s claim, to include any records of communication phone conversations with the Veteran on May 12, 2015, and/or June 13, 2015, and associate such records with the claims file.  If any records sought are not obtained, a written statement to that effect should be incorporated into the record.








3. After completing the above, and any additional development deemed necessary, readjudicate the claim.  If any benefit sought on appeal remains denied, then a fully responsive supplemental statement of the case should be furnished to the Veteran and his representative, and they should be afforded a reasonable opportunity for response.
 
H. SEESEL
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	N. Nelson, Counsel