Citation Nr: A21019222
Decision Date: 12/02/21	Archive Date: 12/02/21

DOCKET NO. 210119-187738
DATE: December 2, 2021

ORDER

The appeal concerning entitlement to payment for non-VA medical services provided to the Veteran on May 23, 2020, is dismissed.

FINDING OF FACT

Subsequent to the appeal of the denial of payment for non-VA medical services provided to the Veteran on May 23, 2020, the Agency of Original Jurisdiction (AOJ) administratively reversed the denial and approved the episode of care for payment.  

CONCLUSION OF LAW

As the benefit sought on appeal has been granted and resolved by administrative action, there remains no allegation of error of fact or law concerning the issue on appeal; dismissal is, therefore, appropriate. 38 U.S.C. § 7104; 38 C.F.R. § 20.104.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from July 1967 to May 1969.  The appellant in this matter is the vendor that provided the non-VA medical services to the Veteran on May 23, 2020. 

The decision on appeal was issued in December 2020 by the Veterans Health Administration and constitutes an initial decision; therefore, the modernized review system, also known as the Appeals Modernization Act (AMA), applies. 

In the December 2020 decision on appeal, the AOJ denied payment of the charges billed by the appellant for medical services provided to the Veteran on May 23, 2020 under 38 U.S.C. § 1703 on the basis that the appellant did not timely submit the claim. 

In September 2021, prior to the Board issuing a decision on this appeal, a note was added to the claims file indicating that this claim was denied in error, and that there is a timely filing for the episode of care and the Veteran meets all criteria for the claim to have been processed under 38 U.S.C. § 1703.  A new transaction control number was assigned, and it was noted that it is set to be paid. 

In this case, the record indicates that the AOJ has reviewed and administratively approved payment for the non-VA medical services provided to the Veteran on May 23, 2020, representing a full grant of the benefits sought in this appeal.  As a result, there is no remaining allegation of error of fact or law for appellate consideration in the present appeal. See 38 C.F.R. § 20.104.  Accordingly, the Board no longer has jurisdiction over the appeal, and it is therefore dismissed. See 38 U.S.C. § 7104. 

If a later decision concerning this episode of care results in payment in an amount disagreeable to the appellant, the vendor may file a separate appeal of that subsequent decision.

 

 

A.	ADAMSON

Acting 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.