Citation Nr: 21065489 Decision Date: 10/26/21 Archive Date: 10/26/21 DOCKET NO. 15-14 399A DATE: October 26, 2021 ORDER Entitlement to payment or reimbursement for beneficiary travel benefits prior to October 22, 2011 is denied. Entitlement to payment or reimbursement for beneficiary travel expenses associated with travel to a non-VA medical facility on May 4, 2015 is denied. FINDINGS OF FACT 1. The Veteran filed an application for beneficiary travel benefits on November 21, 2011, more than 30 calendar days after completing such beneficiary travel prior to October 22, 2011. 2. On May 4, 2015, the Veteran traveled by ambulance to unauthorized private treatment. CONCLUSIONS OF LAW 1. The criteria for payment or reimbursement for beneficiary travel benefits prior to October 22, 2011 have not been met. 38 U.S.C. § 111; 38 C.F.R. §§ 70.2, 70.10, 70.20, 70.30. 2. The criteria for payment or reimbursement for beneficiary travel expenses associated with travel to a non-VA medical facility on May 4, 2015 have not been met. 38 U.S.C. § 111; 38 C.F.R. §§ 70.2, 70.10, 70.20, 70.30. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran had active service from May 1960 to November 1960, November 1961 to June 1966, and from June 1968 to September 1971. The Veteran testified before the undersigned Veterans Law Judge at a videoconference hearing in April 2019. This claim was previously before the Board in May 2019, July 2020, and December 2020, at which time the Board remanded it for additional development. The requested development has been completed, and the claim is properly before the Board for appellate consideration. Generally, VA beneficiary travel is a payment for travel expenses incurred in the United States to help Veterans and other persons obtain care or services from the Veterans Health Administration (VHA). 38 U.S.C. § 111; 38 C.F.R. § 70.10. A Veteran is eligible for beneficiary travel payments for travel to or from a VA facility or VA-authorized health care facility for the following: 1) treatment for a service-connected disability, regardless of the disability rating; 2) treatment for any disability, provided that the Veteran has a service-connected disability rated at 30 percent or more; 3) a scheduled compensation and pension examination; 4) if the Veteran receives pension under 38 U.S.C. § 1521; 5) if the Veteran's annual income does not exceed the maximum annual rate of pension that the Veteran would receive under 38 U.S.C. § 1521; or, 6) if, the Veteran is unable to defray the expenses of that travel under certain circumstances. 38 U.S.C. § 111; 38 C.F.R. § 70.10(a). 1. Entitlement to payment or reimbursement for beneficiary travel benefits from January 1, 2000 to October 22, 2011 Prior to November 29, 2001, service connection was in effect for bilateral hearing loss with a noncompensable rating. Since November 29, 2001, service connection has been in effect for posttraumatic stress disorder with a rating of at least 30 percent. Therefore, the Veteran meets the basic qualifications for beneficiary travel benefits from November 29, 2001. See 38 U.S.C. § 111; 38 C.F.R. § 70.10(a). A claimant must apply for payment of beneficiary travel within 30 calendar days after completing beneficiary travel that does not include a special mode of transportation. 38 C.F.R. § 70.20(b). For beneficiary travel that includes a special mode of transportation, a claimant must apply for payment of beneficiary travel and obtain approval from VA prior to the travel. If the travel included a special mode of transportation and the claimant without prior approval applies for payment of the beneficiary travel within 30 days after the travel is completed, the application will be considered timely submitted if the travel was for emergency treatment. 38 C.F.R. § 70.20(c). Special mode of transportation includes an ambulance or other mode of transportation specifically designed to transport disabled persons. 38 C.F.R. § 70.2. The date of an application for beneficiary travel is the postmark date, if mailed; or the date of submission if hand delivered, provided by electronic means, or provided orally. 38 C.F.R. § 70.20(g). The Veteran did not apply for beneficiary travel benefits prior to November 22, 2021. He wrote in February 2012 that he had only recently learned of the travel reimbursement program and that he had been entitled to this benefit when traveling to a VA facility for treatment. The Veteran noted that he was diagnosed with posttraumatic stress disorder in 2000 and that his claim for service connection for it was granted in 2004 with a retroactive effective date. He further wrote that he had not been notified by VA about the travel beneficiary program and only learned about it from a fellow veteran. Therefore, he is seeking retroactive beneficiary travel benefits. The Veteran wrote again in May 2015 that he had not been notified of the beneficiary travel benefits program. At the April 2019 hearing the Veteran testified that is seeking retroactive beneficiary travel benefits because he had not been notified about them. The Board is sympathetic to the Veteran given his credible statements regarding not being aware of the beneficiary travel benefit program until around the end of 2011. However, there is no basis in law to grant a beneficiary travel claim that is not filed within 30 days or does not involve a special mode of transportation. See 38 C.F.R. § 70.20(b). In reaching this determination, the Board notes that it is without authority to grant benefits simply because it might perceive the result to be equitable. See 38 U.S.C. §§ 503, 7104; Harvey v. Brown, 6 Vet. App. 416, 425 (1994). The claim for beneficiary travel benefits prior to October 22, 2011 must be denied as a matter of law because it was not timely. See 38 C.F.R. § 70.20(b); see also Sabonis v. Brown, 6 Vet. App. 426, 430 (1994). 2. Entitlement to payment or reimbursement for beneficiary travel expenses associated with travel to a non-VA medical facility on May 4, 2015 On May 4, 2015, the Veteran was transported by ambulance from St. Joseph's to Catholic Medical Center. In August 2020, the claim for payment or reimbursement for the cost of the treatment at Catholic Medical Center from May 4, 2015 to May 6, 2015 was denied by the Board because the treatment was for non-emergent care and a VA facility was feasibly available. (Continued on the next page) The record does not show that the treatment at Catholic Medical Center was authorized. Since the treatment at Catholic Medical Center from May 4, 2015 to May 6, 2015 was not at a VA-authorized health care facility, the Veteran is not eligible for beneficiary travel benefits related to it, and the claim must be denied. See 38 C.F.R. § 70.10(a). STEVEN D. REISS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Scott Shoreman, 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.