Citation Nr: A21019968 Decision Date: 12/15/21 Archive Date: 12/15/21 DOCKET NO. 200404-167986 DATE: December 15, 2021 ORDER The appeal concerning entitlement to payment for non-VA medical services provided to the Veteran from March 16, 2020 to March 30, 2020 is dismissed. FINDING OF FACT There is no initial decision for review concerning entitlement to payment for non-VA medical services provided to the Veteran from March 16, 2020 to March 30, 2020. CONCLUSION OF LAW There being no decision for appeal at this time, the appeal concerning entitlement to payment for non-VA medical services provided to the Veteran on March 16, 2020 to March 30, 2020 is dismissed. 38 U.S.C. §§ 5104, 7105; 38 C.F.R. § 20.200, 20.201, 20.202. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the United States Air Force from May 1951 to March 1955. The Veteran filed a VA 10182 in April 2020. Given the date of the VA 10182, the modernized review system, also known as the Appeals Modernization Act (AMA), applies. See 38 C.F.R. § 3.2400(a)(1). In the April 2020 VA Form 10182, Decision Review Request: Board Appeal, the Veteran elected the Direct Review docket. In the April 2020 10182, the Veteran supplied correspondence stating he fell in February 2020 and injured himself. He went to a non-VA emergency room at the direction of his VA doctor. The Veteran advised his claim was denied for "authorization not received in advance and treatment non-emergent." The Veterans Health Administration (VHA) noted there were no claims found for the dates of service referenced by the Veteran. In a Report of Contact, the Veteran reported his 10182 was referencing dates of service wherein he saw a non-VA orthopedic doctor for follow-up per referral by the non-VA emergency room. The Veteran stated he spoke to his contact at the local VA and was informed there was no authorization in place for the non-VA orthopedic visits and his other insurance was billed by the non-VA orthopedic provider. The Veteran advised he understands in the future he will need to contact the VA and request authorization for non-VA services. While the Board acknowledges receipt of the April 2020 VA Form 10182, it finds that there is presently no decision for review. Decisions and notices of decisions are described under 38 U.S.C. § 5104. Specifically, a decision "shall include an explanation of the procedure for obtaining review of the decision," and requires that a decision include the following: identification of the issues adjudicated, a summary of the evidence considered by the Secretary; a summary of the applicable laws and regulations; identification of findings favorable to the claimant; in the case of a denial, identification of elements not satisfied leading to the denial; and an explanation of how to obtain or access evidence used in making the decision. 38 U.S.C. § 5104. Here, there has not been a determination which meets the legal criteria for an appealable decision. Entitlement to payment for non-VA medical services provided to the Veteran was not denied by VA in February 2020 as noted by the Veteran in his VA Form 10182, as there was no identifiable decision to appeal. Thus, there being no decision for appeal, there can be no appeal to the Board. See 38 U.S.C. §§ 5104, 7105; 38 C.F.R. §§ 20.200, 20.201, 20.202. The appeal concerning entitlement to payment for non-VA medical services in March 2020 is therefore dismissed. Evan M. Deichert Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Mouzakis, 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.