Citation Nr: 21062102
Decision Date: 10/06/21	Archive Date: 10/06/21

DOCKET NO. 17-46 593A
DATE: October 6, 2021

REMANDED

Entitlement to payment/reimbursement of expenses for non-VA medical care provided to the Veteran at St. Mary's Hospital on April 27, 2017 is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Army from July 1968 to May 1971.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a July 2017 decision issued by a Department of Veterans Affairs (VA) Medical Center (VAMC).

On his VA Form 9, Appeal to the Board of Veterans' Appeals, the Veteran requested the option to provide testimony at a live videoconference hearing.  Before the hearing was conducted, the Veteran's representative submitted an e-mail to the Board in December 2020, cancelling the Veteran's hearing request. 

In May 2021, the Board remanded this matter for additional development.  It has since been returned to the Board for further appellate review.

Although the Board regrets any additional delay, remand is again found needed in order for VA to fulfill its duties to the Veteran. 

Pursuant to the May 2021 Board remand, additional VA and private treatment records were added to the claims file.  Although the Agency of Original Jurisdiction (AOJ) issued a supplemental statement of the case in May 2021 acknowledging the addition of this evidence, it did not readjudicate the appeal at that time, as is required following remand under the legacy appeals framework.  See 38 C.F.R. § 19.31(b)(1).

The Board further notes that the Veteran submitted patient education materials that were provided to him following placement of his catheter on April 23, 2017, which he asserts led to him to conclude that the delay in having his catheter removed rendered his situation on April 27, 2017 emergent.  Unfortunately, the Veteran's highlighting of sections he wanted to emphasize rendered those sections illegible on the scanned document.  On remand, the AOJ should attempt to obtain a legible copy of these records (from the Veteran and/or the private emergency department) and associate them with the claims file.

The matter is REMANDED for the following action:

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1.  Obtain a legible copy of the patient education materials, prescriptions, and follow-up instructions document provided to the Veteran by the MMC Main Emergency Room on April 23, 2017, obtaining any necessary authorization from the Veteran as needed, and add it to the claims file.

2.  Thereafter, readjudicate the claim for entitlement to payment/reimbursement of expense for non-VA medical care provided to the Veteran at St. Mary's Hospital on April 27, 2017 in light of the new evidence associated with the file since the Statement of the Case.  If the claim remains denied, issue the Veteran and his representative a Supplemental Statement of the Case and allow them an opportunity to respond before returning the appeal to the Board, if in order.

 

 

MICHAEL MARTIN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Solomon, 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.