Citation Nr: A21016513
Decision Date: 10/07/21	Archive Date: 10/07/21

DOCKET NO. 210115-178072
DATE: October 7, 2021

ORDER

The appeal concerning entitlement to payment for expenses of non-VA medical services provided to the Veteran on August 16, 2019 is dismissed.

FINDING OF FACT

Subsequent to the appeal of the denial of payment for non-VA medical services provided to the Veteran on August 16, 2019, the Agency of Original Jurisdiction (AOJ) administratively reversed the denial and approved the episode of care for payment.

CONCLUSION OF LAW

As the benefit sought on appeal has been granted and resolved by administrative action, there remains no allegation of error of fact or law concerning the issue on appeal; the appeal is therefore moot, and dismissal is appropriate.  38 U.S.C. § 7104; 38 C.F.R. § 20.104.

REASONS AND BASES FOR FINDING AND CONCLUSION

The decision on appeal was issued in January 2021 and constitutes an initial decision; therefore, the modernized review system, also known as the Appeals Modernization Act (AMA), applies.  The appellant in this case is the vendor who provided medical services to the Veteran on August 16, 2019.

Entitlement to payment for expenses of non-VA medical services provided to the Veteran on August 16, 2019 is dismissed.

In the January 2021 decision on appeal, the AOJ denied payment of the charges billed by the appellant for medical services provided to the Veteran on August 16, 2019 on the basis that the time limit for filing had expired.  On the VA Form 10182, the appellant argued that the claim should not have been denied as they timely-filed the claim with the third party claims administrator.

Prior to the Board issuing a decision on this appeal, an August 2021 report of contact was added to the file indicating that the vendor had received an approval covering the date of service in question, and that the third party claims administrator confirmed that the claim had been sent back for processing/payment. The document includes a reference number for the payment, and indicates that processing could take between 30 and 45 days.  

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In this case, the record indicates that the AOJ has reviewed and administratively approved payment for the non-VA medical services provided to the Veteran on August 16, 2019, representing a full grant of the benefits sought in this appeal.  As a result, there is no remaining allegation of error of fact or law for appellate consideration in the present appeal.  See 38 C.F.R. § 20.104.  Accordingly, the Board no longer has jurisdiction over the appeal, and it is therefore dismissed.  See 38 U.S.C. § 7104.  

If a later decision/explanations of payment concerning this episode of care results in payment in an amount disagreeable to the appellant, the vendor may file a separate/additional appeal of that subsequent decision.

 

 

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.