Citation Nr: A21017682
Decision Date: 11/02/21	Archive Date: 11/02/21

DOCKET NO. 210211-177865
DATE: November 2, 2021

ORDER

The appeal with respect to payment or reimbursement of medical expenses incurred in connection with the Veteran's care at Prime Healthcare Foundation - Southern Regional Medical Center on December 28, 2016 is dismissed.

FINDING OF FACT

While the current appeal was pending, the Department of Veterans Affairs (VA) Veterans Health Administration (VHA) authorized payment or reimbursement of the medical expenses here at issue to the extent authorized by law.

CONCLUSION OF LAW

There remains no case or controversy with respect to the matter of entitlement to payment or reimbursement of medical expenses incurred in connection with the Veteran's care at Prime Healthcare Foundation - Southern Regional Medical Center on December 28, 2016 over which the Board may exercise jurisdiction.  38 U.S.C. §§ 7104, 7105; 38 C.F.R. §§ 20.103, 20.104.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Air Force from May 1967 to October 1974, to include service in Vietnam.  The appellant, Prime Healthcare Foundation - Southern Regional Medical Center, is the entity that provided the medical treatment and services in question to the Veteran.  38 C.F.R. § 17.123.  The appellant seeks payment for medical services rendered to the Veteran on December 28, 2016.

This matter comes to the Board of Veterans' Appeals (Board) on appeal from a February 2021 determination by VHA that denied payment for the services at issue.  The decision was timely appealed to the Board in February 2021, with a request for the Evidence Submission review option, which allowed the appellant 90 days following receipt of the notice of disagreement to submit additional evidence.  38 C.F.R. § 20.202(b)(3).

Entitlement to payment or reimbursement of medical expenses incurred in connection with the Veteran's care at Prime Healthcare Foundation - Southern Regional Medical Center on December 28, 2016. 

Under 38 U.S.C. § 7105, the Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed.  One of the principal functions of the Board is to make determinations of appellate jurisdiction.  38 C.F.R. § 20.103.  The Board may address questions pertaining to its jurisdictional authority to review a particular case.  38 C.F.R. § 20.104(c).

In the present case, as noted, the appellant, Prime Healthcare Foundation, filed an appeal seeking payment for medical services rendered to the Veteran on December 28, 2016.  However, while the appellant's appeal was pending, the agency of original jurisdiction granted entitlement to payment of the medical expenses at issue under 38 U.S.C. § 1728.

In this regard, a BVA-AMA checklist dated August 4, 2021 notes that the prior disapproval was overturned, and the claim was sent for payment.  Additionally, correspondence to the appellant dated August 4, 2021, noted that the claim was approved following a secondary administrative review.  Given all of the foregoing, it is clear that VHA has authorized payment of the expenses in question to the extent authorized by law.  See 38 U.S.C. § 1728.

As the benefit sought on appeal has been allowed, there no longer remains a question for appellate consideration by the Board.  See 38 C.F.R. § 20.104(b).  Therefore, the Board does not have jurisdiction to review the appeal, and it must be dismissed.  See 38 U.S.C. § 7104(a); 38 C.F.R. § 20.104.

 

 

DAVID A. BRENNINGMEYER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	R. Kettler, 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.