Citation Nr: 20021897
Decision Date: 03/27/20	Archive Date: 03/27/20

DOCKET NO. 17-36 225
DATE: March 27, 2020

ORDER

The appeal of medical reimbursement for back surgery is dismissed.

FINDINGS OF FACT

1. The Veteran had active service from June 1986 to January 1990.

2. On May 13, 2019, prior to the promulgation of a decision in the appeal, the Agency of Original Jurisdiction (AOJ) advised the Board that the claim for medical reimbursement had been granted in full.

CONCLUSION OF LAW

The criteria for dismissal of an appeal of medical reimbursement for back surgery have been met.  38 U.S.C. § 7105 (2012); 38 C.F.R. § 20.205 (2019).

REASONS AND BASES FOR FINDINGS AND CONCLUSION

The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed.  38 U.S.C. § 7105.  In this case, the Veteran filed a claim for payment or reimbursement of charges incurred for back surgery performed at a private hospital in June 2016.  A May 2019 memorandum to the file by the Office of Community Care at the AOJ states that the benefit sought had been granted.  Hence, there remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeal, and it is dismissed.

 

 

L. HOWELL

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	K. M. Schaefer, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.