Citation Nr: A21017254
Decision Date: 10/26/21	Archive Date: 10/26/21

DOCKET NO. 210111-185415
DATE: October 26, 2021

ORDER

The claim of entitlement to payment of expenses for non-Department of Veterans Affairs (VA) medical services performed on July 1 and 7, 2020, is dismissed.

FINDING OF FACT

There is currently no effective VA determination as to entitlement to the benefits sought on appeal.

CONCLUSION OF LAW

The Board of Veterans' Appeals (Board) has no jurisdiction to review the claim, and it must be dismissed.  38 U.S.C. §§ 511(a), 7104(a).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from December 1952 to July 1956.  The appellant, Mountain Sate Oral and Facial Surgery, is the provider of the medical services in question on July 1 and 7, 2020, and seeks payment for such services from VA.  The appellant filed an appeal to the Board in July 2021, which did not identify the date of the decision being appealed, but identified the dates of service in question and the authorization number for such treatment.  

July 2021 VA internal records reflect that, on further research, it was determined that the VA Medical Center did not have the appellant's claims on file, and their authorization number was associated with the Community Care Network (CCN).  A July 2021 letter was therefore sent to the appellant stating that the July 1 and 7, 2020, services in question were authorized by VA through the CCN, and requesting the appellant submit the claims for payment of such services to the VA Third Party Administrator with the appropriate authorization number and a copy of the July 2021 letter, so that such claims could be properly processed.  

The agency of original jurisdiction (AOJ) has therefore effectively rescinded any prior determination denying the benefits sought by the appellant, informed that the appellant that it had not properly submitted its claims for such, and instructed the appellant as to whom its claims should be submitted.  Thus, there currently exists no effective determination by the AOJ as to entitlement to the benefits sought on appeal.  The Board therefore does not have jurisdiction to adjudicate the appeal, and it is dismissed.  See 38 U.S.C. §§ 511(a), 7104(a).

 

 

JONATHAN B. KRAMER

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.