Citation Nr: A21019786
Decision Date: 12/13/21	Archive Date: 12/13/21

DOCKET NO. 210203-178759
DATE: December 13, 2021

REMANDED

Entitlement to reimbursement for non-Department of Veterans Affairs (VA) medical services provided to the Veteran from July 11, 2019 through July 20, 2019 is remanded.

REASONS FOR REMAND

The Veteran served on active duty from September 1956 to September 1976.  The appellant provided medical services to the Veteran from July 11, 2019 through July 20, 2019.  

In February 2021, the Board of Veterans' Appeals (Board) received a VA Form 10182, Decision Review Request: Board Appeal electing the Direct Review docket appealing a decision on reimbursement for medical services provided to the Veteran from July 11, 2019 through July 20, 2019.  The Board may only consider the evidence of record at the time of the Agency of Original Jurisdiction decision on appeal.  38 C.F.R. § 20.301. 

In this case, a decision addressing reimbursement for medical services provided to the Veteran from July 11, 2019 through July 20, 2019 is not of record.  In a February 2021 Memorandum for Record  Missing Documents, a Veterans Health Administration (VHA) administrative specialist stated that the original Explanation of Payment (EOP) and original Veteran letter confirming payment of services from July 11, 2019 through July 20, 2019 are missing.  The Memorandum noted that the VHA specialist had conducted a thorough search of digital records and had exhausted all reasonable efforts to obtain the missing records and further efforts would be futile.  However, the Memorandum provides conflicting information as to whether the appellant was contacted to attempt to obtain the missing records, and indicates that the appellant (Vendor) was not contacted or sent letters requesting the documentation.  

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 matters are REMANDED for the following action:

Obtain the EOP, original Veteran letter confirming payment of services and/or record of reimbursement for medical services provided to the Veteran from July 11, 2019 through July 20, 2019 at St. Joseph Medical Center, including asking the appellant to submit a copy of the EOP and/or decision.  

Document all attempts to obtain the records and recreate the information missing in 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.