Citation Nr: A21017269
Decision Date: 10/26/21	Archive Date: 10/26/21

DOCKET NO. 210105-163306
DATE: October 26, 2021

ORDER

The appeal concerning entitlement to payment of expenses for non-VA medical services provided to the Veteran in February 2020 is dismissed.

FINDING OF FACT

Subsequent to the appeal of the denial of payment for non-VA medical services provided to the Veteran in February 2020, the Agency of Original Jurisdiction (AOJ) administratively reversed the denial and approved the episode of care for payment.

CONCLUSION OF LAW

As the benefit sought on appeal has been granted and resolved by administrative action, there remains no allegation of error of fact or law concerning the issue on appeal; the appeal is therefore moot, and dismissal is appropriate.  38 U.S.C. § 7104; 38 C.F.R. § 20.104.

REASONS AND BASES FOR FINDING AND CONCLUSION

The decision on appeal was issued in December 2020 and constitutes an initial decision; therefore, the modernized review system, also known as the Appeals Modernization Act (AMA), applies.  The appellant in this case is the vendor who provided medical services to the Veteran in February 2020.

The appeal concerning entitlement to payment of expenses for non-VA medical services provided to the Veteran in February 2020 is dismissed.

In the December 2020 decision on appeal, the AOJ denied payment of the charges billed by the appellant for medical services provided to the Veteran in February 2020 under 38 U.S.C. § 1703 on the basis that the claim was not timely filed.  

Prior to the Board issuing a decision on this appeal, a note was added to the claims file indicating that this claim was denied in error, that the billing history showed that the claim was billed timely to the Portland VAMC, and that POM granted the appeal which was sent to payment.  The claims file also contains a letter that was sent to the appellant notifying it that the "episode of care was approved" and that it would receive an Explanation of Benefits (EOB) for each claim paid. 

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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 in February 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.

 

 

MICHAEL MARTIN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Solomon, 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.