Citation Nr: 21072480 Decision Date: 12/03/21 Archive Date: 12/03/21 DOCKET NO. 17-24 613 DATE: December 3, 2021 REMANDED This issue of entitlement to payment or reimbursement of expenses incurred for transport to a private hospital via ambulance on December 8, 2014, is remanded. REASONS FOR REMAND The Veteran served on active duty in the Army from September 1990 to July 1992. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a decision by a Department of Veterans Affairs (VA) Health Care System (HCS) in which the Veteran's claim for payment or reimbursement of the cost of transportation by ambulance to a private hospital on December 8, 2014, was denied. Notably, in June 2019, the Board remanded the claim on appeal for the agency of original jurisdiction (AOJ) to associate with the claims folder all VA administrative notes and medical records pertaining to claims for payment or reimbursement of medical expenses incurred at two private hospitals from December 8 to December 10, 2014, to specifically include any communication with the private hospitals, requests made for records from the hospitals and any responses to those requests, notes regarding interactions with the Veteran regarding his claims, and record of payments or reimbursement of the private hospital charges. Thereafter, in January 2021, the AOJ issued a supplemental statement of the case (SSOC) in which it continued to deny the Veteran's claim for payment or reimbursement of the cost of transportation by ambulance to a private hospital on December 8, 2014, because the necessary evidence was not timely received. The matter was then again before the Board in March 2021. In that action, the Board noted that the complete file regarding the claim of entitlement to payment or reimbursement of fees for ambulance services on December 8, 2014, was not available for review by the Board, to include the Veteran's original claim, the decision on appeal, and any relevant medical records. The Board also noted that because the electronic claims file contained no documentation related to the Board's prior remand, the Board was unable to determine whether the prior remand directives were substantially complied with. The Board thus remanded the matter for the AOJ to reconstruct the record and to ensure that all documentation related to the current appeal was uploaded to the Veteran's electronic claims file, to specifically include all documentation related to efforts to carry out the Board's June 2019 remand directives. On appeal from the Board, the AOJ prepared a memorandum for the record pertaining to missing records, in which it is indicated that medical records from the private hospital were unavailable and that further efforts to obtain the missing records would be futile. The Veteran was notified of this fact via letter dated in April 2021. In that letter, the AOJ also explained it was "now taking steps to rebuild the file we may continue processing your appeal." The appeal was then returned to the Board the following month. Unfortunately, although the AOJ informed the Veteran that steps were being taken to reconstruct his file regarding the claim of entitlement to payment or reimbursement of fees for ambulance services on December 8, 2014, the appeal was returned to the Board before that action was completed, as the electronic claims file contains no evidence of a reconstructed file. There is also no indication that the AOJ sought to ensure that the June 2019 remand directives had been complied with. Indeed, the only action undertaken by the AOJ was to issue a memorandum indicating the private treatment records were missing. However, the AOJ was instructed to obtain all VA administrative notes and medical records pertaining to claims for payment or reimbursement of medical expenses incurred at two private hospitals from December 8 to December 10, 2014. There is no indication that this was done. Accordingly, because the AOJ has not complied with the terms of the June 2019 and/or March 2021 remands, the Board finds that additional remand is warranted, even though such will, regrettably, further delay an appellate decision on the instant matter. See Stegall v. West, 11 Vet. App. 268, 271 (1998). The matter is REMANDED for the following action: 1. Ensure that all VA administrative notes and medical records pertaining to claims for payment or reimbursement of medical expenses incurred at two private hospitals from December 8 to December 10, 2014, have been obtained. The documentation should include any communication with the private hospitals, requests made for records from the hospitals and any responses to those requests, notes regarding interactions with the Veteran regarding his claims, record of payments or reimbursement of the private hospital charges, and any other relevant documents. 2. Then, reconstruct the Veteran's file regarding the claim of entitlement to payment or reimbursement of fees for ambulance services on December 8, 2014, to include the original claim and decision and all records identified above. If any documents cannot be obtained and/or reconstructed, the AOJ must document this fact and afford the Veteran an opportunity to supply the missing records himself. The entire contents of the reconstructed file MUST be associated with the Veteran's electronic claims file and made available for review by the Board. 3. Readjudicate the issue on appeal. If any benefit sought on appeal is not granted to the Veteran's satisfaction, the appeal should be returned to the Board for further appellate consideration. The AOJ is advised that all documents contained in the reconstructed file MUST be associated with the Veteran's electronic claims file prior to the appeal being returned to the Board. K. Conner Veterans Law Judge Board of Veterans' Appeals Attorney for the Board K. Neilson, 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.