Citation Nr: A21016570
Decision Date: 10/12/21	Archive Date: 10/12/21

DOCKET NO. 201222-184965
DATE: October 12, 2021

ORDER

Entitlement to payment or reimbursement for the cost of medical treatment provided by the appellant on August 7, 2020, is dismissed.

Entitlement to payment or reimbursement for the cost of medical treatment provided by the appellant on August 19, 2020, is dismissed.

Entitlement to payment or reimbursement for the cost of medical treatment provided by the appellant on August 25, 2020, is dismissed.

FINDINGS OF FACT

1. The claim for payment or reimbursement for the cost of medical treatment provided by the appellant on August 7, 2020, was granted in September 2021.

2. Payment or reimbursement for the cost of medical treatment provided by the appellant on August 19, 2020, was made in March 2021.

3. Payment or reimbursement for the cost of medical treatment provided by the appellant on August 25, 2020, was made in February 2021.

CONCLUSIONS OF LAW

1. The criteria for dismissal of the claim for entitlement to payment or reimbursement for the cost of medical treatment provided by the appellant on August 7, 2020, have been met.  38 U.S.C. § 1703(f); 38 C.F.R. §§ 17.4135(c)(5), 20.104(c), 20.205.

2. The criteria for dismissal of the claim for entitlement to payment or reimbursement for the cost of medical treatment provided by the appellant on August 19, 2020, have been met.  38 U.S.C. § 1703(f); 38 C.F.R. §§ 17.4135(c)(5), 20.104(c), 20.205.

3. The criteria for dismissal of the claim for entitlement to payment or reimbursement for the cost of medical treatment provided by the appellant on August 25, 2020, have been met.  38 U.S.C. § 1703(f); 38 C.F.R. §§ 17.4135(c)(5), 20.104(c), 20.205.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran had active service from March 1966 to January 1968, and he died in August 2021.  The appellant provided medical services to the Veteran on August 7, 2020, August 19, 2020, and August 25, 2020.

1. Entitlement to payment or reimbursement for the cost of medical treatment provided by the appellant on August 7, 2020

2. Entitlement to payment or reimbursement for the cost of medical treatment provided by the appellant on August 19, 2020

3. Entitlement to payment or reimbursement for the cost of medical treatment provided by the appellant on August 25, 2020

The Veteran received Covid-19 tests administered by the appellant on August 7, 2020, August 19, 2020, and August 25, 2020.  A September 2021 memorandum in the claims file states that payment for the August 19, 2020, treatment was made by the Veterans Community Care Program (VCCP) in March 2021 and for the August 25, 2020, treatment in February 2021.  Payment for the August 7, 2020 treatment was authorized in September 2021.  

Disputes under the VCCP or Veterans Care Agreements, to include reimbursement of payment for related care, do not fall within the Board's jurisdiction.  38 U.S.C. § 1703(f) (effective June 6, 2019) ("The review of any decision under [the VCCP] shall be subject to the Department's clinical appeals process, and such decisions may not be appealed to the Board of Veterans' Appeals"); 38 C.F.R. § 17.4135(c)(5) (effective June 6, 2019) (disputes with VCAs will result in a written decision by the responsible VA official and constitute VA's final decision on the dispute).  Therefore, even if payment had not already been made, it is not clear that the Board would have jurisdiction over the Veteran's claim.

Since payment has been made by VA, the Board finds that the claims have been rendered moot and are dismissed.  See Smith v. Brown, 10 Vet. App. 330, 333-34 (1997) (dismissal is the proper remedy to employ when an appeal has become moot).

 

 

Michael J. Skaltsounis

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.