Citation Nr: A21018167
Decision Date: 11/12/21	Archive Date: 11/12/21

DOCKET NO. 210210-186449
DATE: November 12, 2021

ORDER

The appeal concerning entitlement to payment for non-VA medical services provided to the Veteran between January 2020 and February 2020 is dismissed.

FINDING OF FACT

Subsequent to the appeal of the denials of payment for non-VA medical services provided to the Veteran from January 1, 2020 through February 26, 2020, the AOJ administratively reversed the denials and approved the episodes of care for payment.

CONCLUSION OF LAW

As the benefits sought on appeal have 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. § 7105; 38 C.F.R. § 20.801.

REASONS AND BASES FOR FINDING AND CONCLUSION

This matter comes before the Board of Veterans' Appeals (Board) from a February 2021 VA Form 10182, Decision Review Request: Board Appeal, on which the appellant elected the Direct Review docket.  The appellant in this case is the vendor who provided medical services to the Veteran between January 1, 2020 and February 26, 2020.

Prior to the Board issuing a decision on this appeal, a note was added to the claims file indicating that the claims had been reconsidered and approved for payment.  A Report of Contact indicates that each of the claims had been resurrected, assigned new transaction control numbers, and were set to be paid.  The claims file also contains letters that were sent to the appellant in August 2021 notifying it that upon secondary administrative review, the episode of care was approved and that an Explanation of Benefits would be sent for each claim paid on its behalf. 

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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 for the episodes of care in question, 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. § 20.801(b)(4).  As the appeal has been rendered moot, it is therefore dismissed.  See 38 U.S.C. § 7105(d).  

If a later decision/EOB concerning the episode(s) of care results in payment in an amount disagreeable to the appellant, the vendor may file a separate/additional appeal of that decision, pursuant to the relevant regulatory or contractual procedures, as applicable.

 

 

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.