Citation Nr: A21019089
Decision Date: 11/30/21	Archive Date: 11/30/21

DOCKET NO. 200113-186107
DATE: November 30, 2021

REMANDED

Entitlement to payment of the cost of medical services provided to the Veteran on November 13, 2019 is remanded.

REASONS FOR REMAND

The Veteran served on active duty from March 1964 to March 1966.  The appellant provided medical services to the Veteran on November 13, 2019.

In January 2021, the appellant submitted a VA Form 10182, Decision Review Request: Board Appeal, citing a January 2020 decision, and elected the Direct Review docket. 

In this case, a decision, or Explanation of Payment (EOP)/Preliminary Fee Remittance Advice Report (PFAR), denying payment of the cost of medical services provided to the Veteran on November 13, 2019 is not of record.  A July 2021 Memorandum for Record- Missing Documents states that an EOP/PFAR is missing from the Veteran's file.  The Memorandum notes that the Veterans Health Administration (VHA) employee had conducted a thorough search of digital systems and had exhausted all reasonable efforts to obtain the missing records.  However, the Memorandum does not indicate that the VHA contacted the appellant to attempt to obtain the missing EOP/PFAR.  As the decision on appeal is not of record, the claim must be remanded to correct the error in satisfying a regulatory or statutory duty.  38 C.F.R. § 20.802(a).  

The matter is REMANDED for the following action:

Attempt to obtain the missing EOP/PFAR and/or denial of payment for the cost of medical services provided to the Veteran on November 13, 2019, including requesting that the appellant submit a copy of the EOP/PFAR or decision.  

Document all attempts to obtain the records and recreate the file.

 

 

M. SORISIO

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	K. Marenna, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.