Citation Nr: 21000137
Decision Date: 01/04/21	Archive Date: 01/04/21

DOCKET NO. 16-03 903A
DATE: January 4, 2021

REMANDED

Entitlement to payment or reimbursement of unauthorized medical expenses incurred during treatment at Canyon Villas from September 28, 2014 to October 7, 2014 is remanded in order for the Agency of Original Jurisdiction (AOJ) to reconstruct the record and upload all documentation related to the appeal to the electronic claims file.

REASONS FOR REMAND

The Veteran served on active duty in the U.S. Army from September 1944 to July 1946.  His decorations included the Purple Heart Medal.  Unfortunately, he died in February 2018.  The appellant is his surviving spouse.

This matter comes to the Board of Veterans’ Appeals (Board) on appeal from a decision issued by the Department of Veterans Affairs Medical Center (VAMC) in San Diego, California.

Entitlement to payment or reimbursement of unauthorized medical expenses incurred during treatment at Canyon Villas from September 28, 2014 to October 7, 2014 is remanded.

In the instant matter, the file for the claim of entitlement to payment or reimbursement of unauthorized medical expenses incurred during treatment at Canyon Villas from September 28, 2014 to October 7, 2014 cannot be located, and documentation pertinent to the appeal is not in the electronic record.  Therefore, it must be remanded in order for the AOJ to reconstruct the record and upload all documentation related to the appeal to the electronic claims file.  If such records are unable to be located, the AOJ should make a formal finding of unavailability.

This matter is REMANDED for the following action:

1. Reconstruct the record and upload all documentation related to the claim for payment or reimbursement of unauthorized medical expenses incurred during treatment at Canyon Villas from September 28, 2014 to October 7, 2014 to the electronic claims file.

2. If such records are unable to be associated with the record, make a formal finding of unavailability. 

 

DAVID A. BRENNINGMEYER

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.