Citation Nr: A21016986 Decision Date: 10/20/21 Archive Date: 10/20/21 DOCKET NO. 200303-178739 DATE: October 20, 2021 ORDER Entitlement to reimbursement for beneficiary travel expenses is granted, subject to the laws governing monetary benefits. FINDING OF FACT The Veteran is in receipt of a 40 percent disability rating. CONCLUSION OF LAW The criteria for reimbursement for beneficiary travel expenses have been met. 38 U.S.C. § 111; 38 C.F.R. §§ 70.4, 70.10, 70.20. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service from April 1971 to August 1975. In the March 2020 VA Form 10182, Decision Review Request: Board Appeal, the Veteran elected the Direct Review docket. Therefore, the Board may only consider the evidence of record at the time of the agency of original jurisdiction (AOJ) decision on appeal. 38 C.F.R. § 20.301. Entitlement to reimbursement for beneficiary travel expenses 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. 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). The 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). Since January 2017, the Veteran's combined disability rating has been 40 percent. Previously, a combined disability rating of 10 percent was in effect from September 1975. Therefore, the Veteran is generally eligible for reimbursement for beneficiary travel reimbursement. See 38 C.F.R. § 70.10(a). Furthermore, the February 2020 decision found that the Veteran applied within a 30 day period from the applicable treatment. This is a favorable finding that the Board is bound by. See 38 C.F.R. § 3.104(a). A February 2020 decision that has been associated with the claims file denied beneficiary travel benefits based on service connection being in effect at a level of 40 percent or less. The Veteran submitted a timely notice of disagreement (Decision Review Request: Board Appeal, VA Form 10182) in March 2020 appealing the decision. An August 2021 memorandum for the record from a Veteran's Health Administration (VHA) official states that he spoke to the Veteran, who had no recollection of the claim that was denied. It was noted that the February 2020 decision appears to have been sent in error since a Veteran with a 40 percent combined rating should not have been denied if the appointment for treatment was completed. The record going back to 2019 did not show a denied claim. Finally, it was noted that further efforts to obtain the missing records would be futile. The Board was unsuccessful in getting additional documentation regarding this claim from VHA. The Veteran meets the basic eligibility criteria for beneficiary travel benefits. See 38 U.S.C. § 111; 38 C.F.R. § 70.10(a). While the August 2021 memorandum states that the February 2020 decision appears to have been issued in error, it was in fact issued, and the Veteran properly appealed it to the Board. Since the Veteran meets the basic eligibility criteria for beneficiary travel benefits, the claim on appeal is granted. VHA must therefore determine any potential outstanding claim for beneficiary travel expenses for eligible treatment that was denied in the February 2020 decision, and issue payment to the Veteran accordingly. See 38 C.F.R. § 70.20. 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.