Citation Nr: A21020036 Decision Date: 12/15/21 Archive Date: 12/15/21 DOCKET NO. 200916-193832 DATE: December 15, 2021 ORDER The claim for entitlement to payment of expenses for non-Department of Veterans Affairs (VA) medical treatment by St. Luke's Regional Medical Center from June 1, 2020 to June 3, 2020 is dismissed. FINDING OF FACT The VA Payment and Operations Management (POM) has approved the Veteran's episode of care for services provided by St. Luke's Regional Medical Center from June 1, 2020 to June 3, 2020. CONCLUSION OF LAW The criteria for dismissal of the claim for entitlement to payment of expenses for non-Department of Veterans Affairs (VA) medical treatment from June 1, 2020 to June 3, 2020 have been met. 38 U.S.C. §§ 1703, 1725, 5107; 38 C.F.R. §§ 17.52. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the United States Air Force from January 1951 to December 1954. This matter is before the Board of Veterans' Appeals (Board) pursuant to a VA Form 10182 Decision Review Request: Notice of Disagreement (NOD) submitted by the Veteran and received by the Board in September 2020. Given the date of the rating decision on appeal, the Veteran's appeal is governed by the Appeals Modernization Act (AMA). In September 2020, the Veteran filed a VA Form 10182, Decision Review Request: Board Appeal and elected the Direct review docket. Therefore, the Board may only consider the evidence of record at the time of the agency of original jurisdiction (AOJ) decision on appeal. 38 C.F.R. § 20.301. The Veteran seeks payment or reimbursement for non-Department of Veterans Affairs (VA) medical treatment from June 1, 2020 to June 3, 2020. He contends he went to a non-VA facility for emergency treatment. During the pendency of this appeal, the claim was administratively reviewed and reprocessed. The episode of care from June 1, 2020 to June 3, 2020 was approved. The VA Payment and Operations Management department reopened the claim, approved the care, and sent correspondence to St. Luke's Regional Medical Center to rebill the VA. As the Veteran's claim for non-VA medical services has been approved, this represents 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. Under 38 U.S.C. § 7105(d)(5), the Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. As it appears there remains no adverse action with regards to this date of service, there is no case or controversy for the Board to adjudicate, and the appropriate course of action is to dismiss the present appeal as to this date as moot. Cardona v. Shinseki, 26 Vet. App. 472, 474 (2014) (citing Padgett v. Peake, 22 Vet. App. 159, 164 (2008) (en banc)). Therefore, this matter is 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.