Citation Nr: A21018285
Decision Date: 11/16/21	Archive Date: 11/16/21

DOCKET NO. 210112-185968
DATE: November 16, 2021

ORDER

Entitlement to payment or reimbursement for the cost of medical treatment provided by the appellant on November 4, 2020, is dismissed.

Entitlement to payment or reimbursement for the cost of medical treatment provided by the appellant on November 18, 2020, is dismissed.

Entitlement to payment or reimbursement for the cost of medical treatment provided by the appellant on December 16, 2020, is dismissed.

FINDINGS OF FACT

1. Payment or reimbursement for the cost of medical treatment provided by the appellant on November 4, 2020, was made in March 2021.

2. Payment or reimbursement for the cost of medical treatment provided by the appellant on November 18, 2020, was made in March 2021.

3. Payment or reimbursement for the cost of medical treatment provided by the appellant on December 16, 2020, was made in April 2021.

CONCLUSIONS OF LAW

1. The criteria for dismissal of the claim for payment or reimbursement for the cost of medical treatment provided by the appellant on November 4, 2020, have been met.  38 U.S.C. § 1703(f); 38 C.F.R. §§ 17.4135(c)(5), 20.104(c), 20.205.

2. The criteria for dismissal of the claim for payment or reimbursement for the cost of medical treatment provided by the appellant on November 18, 2020, have been met.  38 U.S.C. § 1703(f); 38 C.F.R. §§ 17.4135(c)(5), 20.104(c), 20.205.

3. The criteria for dismissal of the claim for payment or reimbursement for the cost of medical treatment provided by the appellant on December 16, 2020, have been met.  38 U.S.C. § 1703(f); 38 C.F.R. §§ 17.4135(c)(5), 20.104(c), 20.205.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran had active service from January 1956 to December 1958, and died in January 2021.  The appellant provided medical services to the Veteran on November 4, 2020, November 18, 2020, and December 16, 2020.

1. Entitlement to payment or reimbursement for the cost of medical treatment provided by the appellant on November 4, 2020

2. Entitlement to payment or reimbursement for the cost of medical treatment provided by the appellant on November 18, 2020

3. Entitlement to payment or reimbursement for the cost of medical treatment provided by the appellant on December 16, 2020

The appellant provided home health services to the Veteran on November 4, 2020, November 18, 2020, and December 16, 2020.  Memoranda in the file state that the claims were resubmitted, and payment was made in March 2021 for the November 4 and 18, 2020 dates of service and in April 2021 for the December 16, 2020 date of service.  Disputes under the VCCP or Veterans Care Agreements, to include reimbursement of payment for related care, do not fall within the Board's jurisdiction.  38 U.S.C. § 1703(f) (effective June 6, 2019) ("The review of any decision under [the VCCP] shall be subject to the Department's clinical appeals process, and such decisions may not be appealed to the Board of Veterans' Appeals"); 38 C.F.R. § 17.4135(c)(5) (effective June 6, 2019) (disputes with VCAs will result in a written decision by the responsible VA official and constitute VA's final decision on the dispute).  Therefore, even if payment had not already been made, it is not clear that the Board would have jurisdiction over the appellant's claims.

Since payment has been made by VA, the Board finds that the claims have been rendered moot, and they are dismissed.  See Smith v. Brown, 10 Vet. App. 330, 333-34 (1997) (dismissal is the proper remedy to employ when an appeal has become moot).

 

 

Michael J. Skaltsounis

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Scott Shoreman, 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.