Citation Nr: A21017065
Decision Date: 10/21/21	Archive Date: 10/21/21

DOCKET NO. 210108-180867
DATE: October 21, 2021

REMANDED

Entitlement to payment or reimbursement for medical expenses incurred at a non-VA medical facility on October 17, 2020 is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Army from March 1966 to February 1968.  

In his December 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. The Veteran's claim file indicates that a claim for payment or reimbursement was rejected because an improper identifier was used.  However, the date of rejection or denial was not included.  Further, the Veteran did not supply the date of decision that he was appealing in his VA Form 10182. Critically, this decision is not of record, and while it appears a memorandum is in the file from a legal administrative specialist that may be attempting to address this omission, it is dated after the point in time when the Board may consider it as evidence in this appeal.   

In any event, given the absence of the initial decisions on appeal, the Board finds that remand is necessary.  Upon remand, the AOJ is to obtain copies of all relevant decisions.  If the AOJ is unable to obtain these records, it is to readjudicate the issue of entitlement to payment or reimbursement for medical expenses incurred at a non-VA medical facility on October 17, 2020, and take any appropriate action.

The matters are REMANDED for the following action:

1. Obtain, if possible, any outstanding decisions relevant to the appeal.  

2. If the original decision is unable to be located and associated with the file, readjudicate the claim of entitlement to payment or reimbursement for medical expenses incurred at a non-VA medical facility on October 17, 2020, and take any appropriate action. 

 

MICHAEL E. KILCOYNE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. Uller, Associate 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.