Citation Nr: 21002787
Decision Date: 01/14/21	Archive Date: 01/14/21

DOCKET NO. 16-57 646
DATE: January 14, 2021

REMANDED

Entitlement to payment or reimbursement of unauthorized medical expenses incurred during treatment at Munroe Regional Medical Center in Ocala, Florida from May 27, 2015 to May 29, 2015 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 May 1966 to April 1969.

This matter comes to the Board of Veterans’ Appeals (Board) on appeal from a decision issued by the Department of Veterans Affairs (VA) Medical Center in Gainesville, Florida.

In an April 2017 decision, the Board denied the Veteran’s claim.  He appealed the Board’s decision to the United States Court of Appeals for Veterans Claims (Court).  In a May 2019 memorandum decision, the Court vacated the Board’s April 2017 decision and remanded the matter for further development, if necessary, and readjudication.

In the instant matter, the file for the claim of entitlement to payment or reimbursement of unauthorized medical expenses incurred during treatment at Munroe Regional Medical Center in Ocala, Florida from May 27, 2015 to May 29, 2015 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 Munroe Regional Medical Center in Ocala, Florida from May 27, 2015 to May 29, 2015 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.