Citation Nr: A21019495
Decision Date: 12/07/21	Archive Date: 12/07/21

DOCKET NO. 210513-166167
DATE: December 7, 2021

ORDER

The appeal concerning payment for the cost of medical services provided by Menonnite General Hospital on February 3, 2020, to February 5, 2020, and February 26, 2020, to February 28, 2020, is dismissed.

The appeal concerning payment for the cost of medical services provided by Menonnite General Hospital on March 2, 2020, to March 4, 2020, March 9, 2020, to March 11, 2020, March 16, 2020, to March 18, 2020, March 23, 2020, to March 25, 2020, and March 30, 2020, to March 31, 2020, is dismissed.

FINDING OF FACT

The Appellant seeks payment of non-Department of Veterans Affairs (VA) medical care furnished on February 3, 2020, to February 5, 2020, February 26, 2020, to February 28, 2020, March 2, 2020, to March 4, 2020, March 9, 2020, to March 11, 2020, March 16, 2020, to March 18, 2020, March 23, 2020, to March 25, 2020, and March 30, 2020, to March 31, 2020, through the Veterans Community Care Program (VCCP).

CONCLUSION OF LAW

The Board does not have jurisdiction to review the claims for payment of the cost of medical services provided by Menonnite General Hospital on February 3, 2020, to February 5, 2020, February 26, 2020, to February 28, 2020, March 2, 2020, to March 4, 2020, March 9, 2020, to March 11, 2020, March 16, 2020, to March 18, 2020, March 23, 2020, to March 25, 2020, and March 30, 2020, to March 31, 2020; the appeal must be dismissed.  38 U.S.C. §§ 1703, 1703D; 38 C.F.R. § 20.104.  

REASONS AND BASES FOR FINDING AND CONCLUSION

The Appellant is a provider that furnished services to the Veteran.  See generally 38 U.S.C. § 1703(c), (h); 38 C.F.R. § 17.4030.

On May 13, 2021, the Board of Veterans' Appeals (Board) received two VA Form 10182, Decision Review Request: Board Appeals electing the Direct Review docket to review two May 2020 Explanation of Payment (EOP) statements explaining that partial payment was issued for charges billed under the VCCP for medical care furnished by Menonnite General Hospital on February 3, 2020, to February 5, 2020, February 26, 2020, to February 28, 2020, March 2, 2020, to March 4, 2020, March 9, 2020, to March 11, 2020, March 16, 2020, to March 18, 2020, March 23, 2020, to March 25, 2020, and March 30, 2020, to March 31, 2020.  38 U.S.C. § 1703.

Decisions under the VCCP (effective June 6, 2019), including those related to payment for services, do not fall within the Board's jurisdiction.  38 U.S.C. § 1703(f) (the review of any decision regarding when care is authorized to be furnished through non-VA providers under the VCCP shall be subject to the Department's clinical appeals process, and such decisions may not be appealed to the Board); 38 U.S.C. § 1703D(g)(1) (VA may act through a third-party administrator to process a claim for compensation for medical services furnished by a non-VA provider that is under contract under the VCCP).  The Appellant was notified of a potential jurisdictional defect in a September 2021 letter and provided an opportunity to submit additional evidence or argument.  They did not respond.  38 C.F.R. § 20.104(c).

The Board does not have jurisdiction to review the Appellant's claims.  38 U.S.C. §§ 1703(f), 1703D(g)(1).  The appeal is therefore dismissed.  38 C.F.R. § 20.104(c).

 

 

DONNIE R. HACHEY

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Odya-Weis

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.