Citation Nr: A21017100 Decision Date: 10/21/21 Archive Date: 10/21/21 DOCKET NO. 210113-186455 DATE: October 21, 2021 ORDER The claim for entitlement to payment of expenses for non-Department of Veterans Affairs (VA) medical treatment regarding claim number ending in 3000 on February 26, 2020 is dismissed. The claim for entitlement to payment of expenses for non-Department of Veterans Affairs (VA) medical treatment regarding claim number ending in 9000 on February 26, 2020 is dismissed. FINDINGS OF FACT 1. The VA Office of Community Care Payment Operations and Management has granted payment for services provided on February 26, 2020 by Xray Associates Inc. for the claim number ending in 3000. 2. The VA Office of Community Care Payment Operations and Management has granted payment for services provided on February 26, 2020 by Xray Associates Inc. for the claim number ending in 9000. CONCLUSIONS OF LAW 1. The appeal of the issue of entitlement to payment or reimbursement for services rendered on February 26, 2020 by Xray Associates Inc. for the claim number ending in 3000 is moot. 38 U.S.C. §§ 1703, 1725, 5107; 38 C.F.R. §§ 17.52, 17.121, 20.205. 2. The appeal of the issue of entitlement to payment or reimbursement for services rendered on February 26, 2020 by Xray Associates Inc. for the claim number ending in 9000 is moot. 38 U.S.C. §§ 1703, 1725, 5107; 38 C.F.R. §§ 17.52, 17.121, 20.205. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty in the United States Army from February 1967 to December 1969. The appellant is Xray Associates Inc. This matter is before the Board of Veterans' Appeals (Board) pursuant to a VA Form 10182 Decision Review Request: Notice of Disagreement (NOD) submitted by the appellant and received by the Board in January 2021. Given the date of the rating decision on appeal, the appellant's appeal is governed by the Appeals Modernization Act (AMA). In January 2021, the appellant filed a VA Form 10182, Decision Review Request: Board Appeal and 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. 1. The claim for entitlement to payment of expenses for non-Department of Veterans Affairs (VA) medical treatment with claim number ending in 3000 on February 26, 2020 is dismissed. 2. The claim for entitlement to payment of expenses for non-Department of Veterans Affairs (VA) medical treatment with claim number ending in 9000 on February 26, 2020 is dismissed. The appellant provided services to the Veteran on February 26, 2020. A June 2020 Explanation of Payment was issued for nonpayment, stating the claims were unable to be processed as the services were referred by a Community Care Network (CCN) contractor. The appellant submitted the bill to the VA CCN, Optum, who denied the claim. Optum denied the claim, concluding the provider was a non-participating vendor. During the pendency of this appeal, the claim was administratively reviewed and the reprocessed for payment for the episode of care on February 26, 2020 for the two claim numbers associated with the February 2, 2020 date of service. The VA Office of Community Care Payment Operations and Management (POM) reopened the claim, assigned new claim numbers, and submitted payment for the two claim numbers (ending in 3000 and 9000). The evidence of record reflects the February 26, 2020 services provided by appellant were approved under 38 U.S.C. § 1703 payment authority. Decisions under the Veterans Community Care Program (effective June 6, 2019), including those relating to payment for services, do not fall within the Board's jurisdiction. 38 U.S.C. § 1703 (f) ("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"). The Board has not provided the appellant with notice as to this jurisdictional defect under 38 C.F.R. § 20.104(c). Such notice is ultimately unnecessary here. Unlike situations where clarification or additional information from an appellant may help the Board determine its jurisdiction (such as cases where an appellant explains a reason for an untimely filing or provides additional context for what issues are being appealed), there is no response from the appellant that could possibly vest the Board with jurisdiction over this appeal, as Congress itself has specifically limited that jurisdiction. Ultimately, to allow for such notice would only unduly delay the inevitable here, requiring unnecessary expenditure of the Board's time and resources. Additionally, the evidence of record reflects the appellant's claim was processed and paid, the issue of entitlement for payment for services rendered February 26, 2020 by appellant are moot. 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 February 26, 2020, 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/EOB 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. Therefore, the Board does not have jurisdiction to review the appellant's claims, and it is dismissed. Evan M. Deichert Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Mouzakis, 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.