Citation Nr: 20003893
Decision Date: 01/16/20	Archive Date: 01/15/20

DOCKET NO. 18-11 814
DATE: January 16, 2020

ORDER

The appeal pertaining to the issue of entitlement to payment or reimbursement of unauthorized medical expenses incurred during non-VA medical services at Martin Medical Center on January 30, 2017 is dismissed.

FINDING OF FACT

In a November 2019 decision, the Department of Veterans Affairs (VA)Veterans Health Administration (VHA) granted the claim of entitlement to payment or reimbursement of unauthorized medical expenses incurred during non-VA medical services at Martin Medical Center on January 30, 2017, which constitutes a full grant of the benefit sought on appeal.  

CONCLUSION OF LAW

As there is no justiciable case or controversy with respect to the claim of entitlement to payment or reimbursement of unauthorized medical expenses incurred during non-VA medical services at Martin Medical Center on January 30, 2017, the Veteran’s appeal as to such issue is moot and dismissed.  38 U.S.C. § 7105; 38 C.F.R. § 20.101.  

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from March 1966 to June 1968.  

This case comes before the Board of Veterans’ Appeals (Board) on appeal from a June 2017 administrative decision from a Department of Veterans Affairs Medical Center (VAMC). 

Entitlement to payment or reimbursement of unauthorized medical expenses incurred during non-VA medical services at Martin Medical Center on January 30, 2017.

Under 38 U.S.C. § 7105, the Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed.  See e.g., 38 C.F.R. § 20.101.  In essence, a “case or controversy” involving a pending adverse determination to which the appellant has taken exception no longer exists.  See Shoen v. Brown, 6 Vet. App. 456, 457 (1994).  In this regard, in a November 2019 clinical decision, VA VHA granted the claim of entitlement to payment or reimbursement of unauthorized medical expenses incurred during non-VA medical services at Martin Medical Center on January 30, 2017, the Veteran was notified in January 2020.  Such decision resulted in a full grant of the benefit sought on appeal.  See Grantham v. Brown, 114 F.3d 1156, 1158-59 (Fed. Cir. 1997); Baughman v. Derwinski, 1 Vet. App. 563, 566 (1991).  Consequently, there is no longer a pending adverse determination for the Board to adjudicate. 

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Accordingly, the claim of entitlement to payment or reimbursement of unauthorized medical expenses incurred during non-VA medical services at Martin Medical Center on January 30, 2017 is moot and the Veteran’s appeal must be dismissed.

 

C. CRAWFORD

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Brennae L. Brooks, Associate Counsel

The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.