Citation Nr: A21017180
Decision Date: 10/25/21	Archive Date: 10/25/21

DOCKET NO. 200806-171283
DATE: October 25, 2021

ORDER

The appeal concerning payment or reimbursement for the cost of medical services provided by Ferry County Memorial Hospital on July 19, 2019, and July 23, 2019, is dismissed.

FINDING OF FACT

The Veteran seeks payment of non-Department of Veterans Affairs (VA) medical care furnished on July 19, 2019, and July 23, 2019, through the Veterans Community Care Program (VCCP).  

CONCLUSION OF LAW

The Board does not have jurisdiction to review the claim for payment of the cost of medical services provided by Ferry County Memorial Hospital on July 19, 2019, and July 23, 2019; the appeal must be dismissed.  38 U.S.C. § 1703(f); 38 C.F.R. § 20.104(c).  

REASONS AND BASES FOR FINDING AND CONCLUSION

In August 2020, the Board of Veterans' Appeals (Board) received a VA Form 10182, Decision Review Request: Board Appeal electing the Direct Review docket to review a July 2019 TriWest letter authorizing services under the VCCP and indicating the Veteran was seeking payment for medical care provided by Ferry County Memorial Hospital on July 19, 2019, and July 23, 2019.  38 U.S.C. § 1703.

Decisions under the VCCP (effective June 6, 2019), including those related 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.").  The Veteran was notified of this potential jurisdictional defect in an August 2021 letter and provided an opportunity to submit additional evidence or argument.  He did not respond.  38 C.F.R. § 20.104(c).

The Board does not have jurisdiction to review the Veteran's claim.  38 U.S.C. § 1703(f).  The appeal is dismissed.  38 C.F.R. § 20.104(c).

 

 

DONNIE R. HACHEY

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Odya-Weis

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.