Citation Nr: A21017776 Decision Date: 11/03/21 Archive Date: 11/03/21 DOCKET NO. 210105-175360 DATE: November 3, 2021 ORDER The appeal concerning entitlement to payment of the cost of non-Department of Veterans Affairs (VA) medical services provided on June 12, 2019, is dismissed. FINDING OF FACT A VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement) was received from a billing company that did not furnish the underlying non-VA medical services in question. CONCLUSION OF LAW A complete Notice of Disagreement requesting Board review of the issue of entitlement to payment of the cost of non-VA medical services provided on June 12, 2019, has not been received; the appeal is dismissed. 38 U.S.C. § 7105; 38 C.F.R. §§ 20.202, 20.204. REASONS AND BASES FOR FINDING AND CONCLUSION In January 2021, the Board received a Notice of Disagreement by Convergent USA electing the Direct Review docket to review a May 2020 Explanation of Payment (EOP) issued by a VA Agency of Original Jurisdiction (AOJ) for payment for medical treatment furnished on June 12, 2019, by Lawrence and Memorial Hospital, Inc. The Board finds Convergent USA is not a proper claimant that may file a Notice of Disagreement in response to this AOJ letter. 38 C.F.R. § 20.204 (a Notice of Disagreement may be filed by a claimant or by his or her representative if a proper Power of Attorney is on record or accompanies such Notice of Disagreement). "Claimant" is generally defined under VA regulations as a person who filed a written communication requesting a determination of entitlement to a specific benefit under the laws administered by VA. 38 C.F.R. § 20.3(f), (g). Under Part 17 of the regulations, claimants for payment or reimbursement of non-VA medical services for unauthorized emergency treatment may include the veteran who received the services; the hospital, clinic, or community resource which provided the services; or a person other than the veteran who paid for the services. 38 C.F.R. § 17.123. When viewed in context of authorized non-VA medical services, health care providers include entities authorized to furnish medical services to covered veterans that enter into bid contracts to establish networks of health care providers. See generally 38 U.S.C. § 1703(c), (h); 38 C.F.R. §§ 17.4005, 17.4030. There is no indication under the applicable law and regulations that a non-veteran entity that did not furnish the underlying medical services may be considered a claimant. The record does not reflect that Convergent USA is a health care provider as described in the regulations or that Convergent USA provided the underlying treatment on June 12, 2019, associated with a claim for payment for the authorized non-VA medical services. Moreover, Convergent USA is not a representative of the Veteran or Lawrence and Memorial Hospital, Inc. See 38 C.F.R. §§ 14.627, 14.629. Therefore, the January 2021 VA Form 10182 filed by Convergent USA did not initiate appellate review. 38 U.S.C. § 7105(a), (b)(2)(A) (notices of disagreement shall be in writing, shall identify the specific determination with which the claimant disagrees, and may be filed by the claimant, the claimant's legal guardian, or such accredited representative, attorney, or authorized agent as may be selected by the claimant or legal guardian.); 38 C.F.R. §§ 20.202(a), 20.204. The appeal is accordingly dismissed. 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.