Citation Nr: 21061901
Decision Date: 10/05/21	Archive Date: 10/05/21

DOCKET NO. 05-16 864
DATE: October 5, 2021

REMANDED

Entitlement to payment or reimbursement of unauthorized medical expenses of $186,371.60 incurred for treatment at University of California, San Francisco (UCSF) Medical Center from March 31, to April [REDACTED], 2003 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 information contained in this remand order is derived from the March 2007 Board of Veterans' Appeals (Board) remand, which is accessible electronically via VACOLS. 

The Veteran reportedly served on active duty in the United States Marine Corps from October 7, 1969 to August 2, 1971.  The Veteran died on April [REDACTED], 2003.  The appellant is the University of California, San Francisco Medical Center (UCSF), a hospital that is seeking reimbursement for care furnished to the veteran from March 31, to April [REDACTED], 2003 under 38 U.S.C. § 1725.

This matter came before the Board on appeal from a September 2004 decision of the San Francisco VA Medical Center in San Francisco, California (SFVAMC) that determined that the appellant was not entitled to payment or reimbursement for the medical expenses incurred by the veteran from March 31, to April [REDACTED], 2003 at the University of California, San Francisco Medical Center.

In February 2006, an attorney for the appellant testified before the Board.  

In the March 2007 Board remand, the AOJ was directed to send the appellant a VCAA notice letter, and to take necessary steps to obtain the complete records of the veteran's treatment from Doctors' Medical Center, San Pablo, California on March 31, 2003; and University of California, San Francisco Medical Center, San Francisco, California, from March 31, to April [REDACTED], 2003.

The claim is again remanded in order for the AOJ to reconstruct the record and upload all documentation related to the appeal to the electronic claims file.

In the instant matter, the file for the claim 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.

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The matters are REMANDED for the following action:

1. Reconstruct the record and upload all documentation related to the claim for medical reimbursement to the electronic claims file.

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

 

Evan M. Deichert

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	T. C. KING

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.