Citation Nr: 21061432
Decision Date: 10/04/21	Archive Date: 10/04/21

DOCKET NO. 19-15 614
DATE: October 4, 2021

ORDER

Whether the change in the Veteran's means test eligibility category from copay exempt to copay required in the VA healthcare system for income year 2017 is proper is dismissed.

FINDING OF FACT

In May 2021, VHA granted the Veteran his copay exempt status from medical care visit copayments for income year 2017 based on dependent information not previously used.

CONCLUSION OF LAW

The appeal is dismissed.  38 U.S.C. § 7105(d)(5); 38 C.F.R. § 20.101.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active duty in the Army from August 1988 to September 1991 and March 1993 to October 1995.  The claim was previously before the Board of Veterans' Appeals (Board) in March 2020 where it was remanded for additional development and readjudication.

Income Verification Match (IVM) is a secure procedure by which VA may obtain income information from the Social Security Administration and the Internal Revenue Service (IRS), in order to verify income amounts that are reported to VA.  The adjudication of this matter involves information provided by SSA and the IRS for 2017.  However, to avoid disclosure of sensitive information, the Board's decision does not directly cite dollar amounts included in any IVM report that has not been verified by the Veteran.  Therefore, the text of this decision is not subject to the additional protections required under the IVM procedures.

Whether the change in the Veteran's means test eligibility category from copay exempt to copay required in the VA healthcare system for income year 2017 is proper is remanded.

Subsequent to the March 2020 Board remand, VHA readjudicated the Veteran's claim.  In a May 2021 memorandum, VHA granted the Veteran's copay exempt status from medical care visit from October 4, 2018 through October 3, 2019 based on dependent information not previously used.  The Veteran was placed in Priority Group 5 copay required for prescription copayments during the same time period and a bill cancellation was submitted on his behalf.  To date, the Veteran has not appealed VHA's determination.

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.  As VHA has granted the Veteran's appeal, and the Veteran did not appeal this determination, there remain no allegations of errors of fact or law for appellate consideration.  Therefore, the Board does not have jurisdiction to review the claim and it is dismissed.  

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The appeal is dismissed.

 

 

H.M. WALKER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. Lee

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.