Citation Nr: 21002829 Decision Date: 01/15/21 Archive Date: 01/15/21 DOCKET NO. 17-01 977 DATE: January 15, 2021 ORDER Entitlement to eligibility for Civilian Health and Medical Program of the Department of Veterans Affairs (CHAMPVA) benefits from June 1, 2012 through June 20, 2013, is granted FINDING OF FACT From June 1, 2012 through June 20, 2013, the appellant was covered by Medicare Part A and receiving Medicare Part B. CONCLUSION OF LAW The criteria for eligibility for benefits under CHAMPVA from June 1, 2012 through June 20, 2013, are met. 38 U.S.C. § 1781; 38 C.F.R. § 17.271. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from December 1941 to September 1945. The appellant is the Veteran’s surviving spouse. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a June 2016 administrative decision by the Department of Veterans Affairs (VA) Health Administration Center (HAC) in Denver, Colorado. This matter was remanded by the Board in April 2017 for the appellant to be scheduled for a Board hearing. Thereafter, the appellant was scheduled for a February 2020 Board hearing; the appellant did not appear for the Board hearing and good cause has not been received. The Board therefore deems her request for a hearing to be withdrawn and will proceed with adjudication of the claim at this time. CHAMPVA is the Civilian Health and Medical Program of the Department of Veterans Affairs and is administered by HAC, Denver, Colorado. Under 38 U.S.C. § 1781, VA is authorized to provide medical care in the same or similar manner and subject to the same or similar limitations as medical care furnished to certain dependents and survivors of active duty and retired members of the Armed Forces. The CHAMPVA program is designed to accomplish this purpose. Under CHAMPVA, VA shares the cost of medically necessary services and supplies for eligible beneficiaries. 38 C.F.R. § 17.270. CHAMPVA benefits are awarded to survivors and dependents of certain Veterans pursuant to 38 U.S.C. § 1781. Those eligible include the spouse or child of a Veteran who has been adjudicated by VA as having a permanent and total service-connected disability; and the surviving spouse or child of a Veteran who (A) died as a result of a service-connected disability, or (B) at the time of death had a total disability permanent in nature. 38 U.S.C. § 1781(a); 38 C.F.R. § 17.271(a). Under 38 C.F.R. § 17.271(b), individuals under age 65 who are eligible under Medicare Part A have CHAMPVA eligibility as secondary payer, but only if they are also enrolled in Medicare Part B. 38 C.F.R. § 17.271(b)(1). Prior to June 1, 2012, the appellant was enrolled in CHAMPVA benefits on the basis that the Veteran died in May 1977 as a result of a service-connected disability. On June [REDACTED], 2012, the appellant turned 65 years old. In a June 2011 letter, the agency of original jurisdiction (AOJ) informed the appellant that because she would be 65 years of age in one year, in order to continue her CHAMPVA benefits without interruption, she must enroll in both Medicare Part A and Part B. She was notified that she would need to send the AOJ a copy of her Medicare card prior to her 65th birthday in order to continue using her CHAMPVA benefits and if she is not authorized to receive Medicare benefits, she was advised that she needed to send the AOJ a copy of her Medicare disallowance letter. Thereafter, the record reflects that the appellant submitted a March 2012 correspondence to the AOJ notifying them that she will turn 65 years of age on June [REDACTED], 2012, and she included her Medicare card. Significantly, the Medicare card reflected that she was entitled to Medicare Part A, effective June 1, 2012 and Medicare Part B, effective June 1, 2012. After a review of all the evidence and affording the appellant the benefit of the doubt, the Board finds that the appellant met the criteria for eligibility for CHAMPVA benefits for the period from June 1, 2012 through June 20, 2013. Accordingly, eligibility for benefits under CHAMPVA from June 1, 2012 through June 20, 2013, is be granted. See 38 U.S.C. § 5107. MARTIN B. PETERS Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board S. Schick, 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.