Citation Nr: 21073520
Decision Date: 12/08/21	Archive Date: 12/08/21

DOCKET NO. 10-14 614
DATE: December 8, 2021

REMANDED

Entitlement to payment or reimbursement of medical expenses incurred in November and December 2008 under the Department of Veterans Affairs (VA) Foreign Medical Program (FMP) is remanded.

REASONS FOR REMAND

The Veteran served on active duty from January 1969 to August 1971.  This appeal is before the Board of Veterans' Appeals (Board) from an August 2009 decision of the VA Veterans Health Administration (VHA).  The matter on appeal were remanded by the Board to the agency of original jurisdiction (AOJ) in June 2016.

In its June 2016 remand, the Board noted that the record appeared to be incomplete, and that there may be additional records pertinent to the Veteran's claim still outstanding.  It therefore instructed the AOJ to obtain and associate with the clams file all the documents and records associated with the Veteran's claim for FMP benefits, to include the April 2009 claim, the August 2009 decision, and the November 2009 notice of disagreement.  The AOJ was, thereafter, to readjudicate the appeal and issue the Veteran a supplemental statement of the case (SSOC) if the claim remained denied.  

While the November 2009 notice of disagreement is of record, there is no indication of what efforts were made to obtain any other outstanding records.  Moreover, as noted by the Veteran's representative in a November 2021 brief, there is no SSOC of record and no indication that the AOJ readjudicated the appeal; the Veteran's representative, therefore, requested that the Board again remand the appeal for the AOJ to comply with the Board's prior remand instructions.  See 19.31(c); A Stegall v. West, 11 Vet. App. 268, 271 (1998).  

The matter is therefore again REMANDED for the following action:

1. Obtain and associate with the claims file any outstanding records pertinent to the Veteran's claim for FMP benefits, to include his April 2009 claim and the initial August 2009 decision.  Document any unsuccessful attempts to do so.

2. After completing the above and any other necessary development, readjudicate the appeal.  If any benefit sought remains denied, provide a supplemental statement of the case to the Veteran.

 

 

JONATHAN B. KRAMER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Andrew Mack, 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.