Citation Nr: A21018368
Decision Date: 11/17/21	Archive Date: 11/17/21

DOCKET NO. 210105-185136
DATE: November 17, 2021

ORDER

Entitlement to basic eligibility for enrollment in the Department of Veterans Affairs (VA) healthcare system prior to July 31, 2020 is denied.

FINDING OF FACT

The most probative evidence of record shows the Veteran submitted an application for enrollment in the Department of Veterans Affairs (VA) healthcare system on July 31, 2020.

CONCLUSION OF LAW

The criteria for basic entitlement to VA healthcare benefits prior to July 31, 2020 have not been met. 38 U.S.C. §§ 1701, 1705, 1710; 38 C.F.R. § 17.36. 

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from November 1968 to October 1970.  

This matter comes before the Board of Veterans' Appeals (Board) on appeal from an October 2020 decision of the Department of Veterans Affairs (VA) Health Eligibility Center.

Entitlement to basic eligibility for enrollment in the Department of Veterans Affairs (VA) healthcare system prior to July 31, 2020

A Veteran who wishes to be enrolled in the VA healthcare system must apply by submitting a VA Form 10-10EZ.  Upon receipt of the completed VA Form 10-10EZ the Veteran will be accepted as an enrollee upon determining that he is in a priority category eligible to be enrolled as set forth in § 17.36(c)(2).  38 C.F.R. § 17.36(d). 

Here the Veteran seeks an effective date for enrollment in the VA healthcare system prior to July 31, 2020.  The Veteran asserts that in February or March 2020 he visited a VA primary health care clinic and submitted VA Form 10-10EZ, Application for Health Benefits.  As evidence of his visit, the Veteran states he kept the clipboard with the word "enrollment" written on the back and a form with the list of Southern Nevada VA Facilities.  

The Veteran states he was told he would hear something back in two to three weeks, but he did not.  Following a medical emergency in July 2020, the Veteran states his son, on August 9, 2020 filled out a new VA Form 10-10EZ, Application for Health Benefits.

The Veteran contends that he had a conversation with an enrollment supervisor at the VA facility who told him that his application was probably shredded.  

Of record is a July 31, 2020 VA Form 10-10EZ, Application for Health Benefits signed by the Veteran.

The Board finds that the most probative evidence of record is the signed application the Veteran dated July 31, 2020.  The Veteran is competent to testify to his own actions.  However, the presence of the July 31, 2020 VA Form 10-10EZ, Application for Health Benefits in the record is not mentioned in the Veteran's statements.  Further, a VA Form 10-10EZ, Application for Health Benefits signed by the Veteran contradicts his statement that his son filled it out and submitted the form on his behalf.  

As the most probative evidence of record is against an effective date prior to July 31, 2020, the claim must be denied.

 

 

MICHAEL E. KILCOYNE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. Uller, Associate 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.