Citation Nr: A21019999
Decision Date: 12/15/21	Archive Date: 12/15/21

DOCKET NO. 210209-186694
DATE: December 15, 2021

ORDER

The appeal concerning entitlement to payment of the cost of non-Department of Veterans Affairs (VA) emergency medical services provided by Memorial Hospital of Gardena on November 18, 2018, is dismissed. 

FINDING OF FACT

While this appeal was pending, the Agency of Original Jurisdiction (AOJ) administratively approved the Appellant's claim for payment of the cost of emergency care provided to the Veteran on November 18, 2018. 

CONCLUSION OF LAW

The issue of entitlement to payment of the cost of non-VA emergency medical services provided on November 18, 2018 has been resolved in full by administrative action; the appeal is moot.  38 U.S.C. § 7105; 38 C.F.R. § 20.801.  

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from Korean Conflict Era and Peacetime from September 1948 to October 1950 and from May 1956 to May 1960.  

The Appellant is a proper claimant that provided services to the Veteran. 38 U.S.C. § 1725(a)(2)(A); 38 C.F.R. § 17.123. 

In February 2021, the Board of Veterans' Appeals (Board) received a VA Form 10182, Decision Review Request: Board Appeal electing the Evidence Submission docket.  The Board notes that the VA Form 10182 was filed by a third party billing firm.

The Board finds that there is no longer a justiciable issue in this case.

The Appellant's claims for payment of the cost of emergency care provided to the Veteran on November 18, 2018, were administratively approved while this appeal was pending. The file reflects that the claims were reprocessed and approved for payment of the full amount of the Appellant's billed charges in August 2021, upon a secondary administrative review. 

The administrative action approving payment for all episodes of care at issue in this appeal constitutes a complete grant of the benefits sought.  As a result, no determination remains with which the Appellant disagrees and the appeal is dismissed. 38 U.S.C. § 7105(d); 38 C.F.R. § 20.801(b). 

 

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TANYA SMITH

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	T. Bynum, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.