Citation Nr: A21020091
Decision Date: 12/16/21	Archive Date: 12/16/21

DOCKET NO. 201021-183733
DATE: December 16, 2021

ORDER

The appeal concerning payment for the cost of non-Department of Veterans Affairs (VA) medical services provided by Kaerbears Healthcare on January 7, 2020, to January 31, 2020, is dismissed.

FINDING OF FACT

The Appellant seeks payment for medical care furnished on January 7, 2020, to January 31, 2020, through the Veterans Community Care Program (VCCP).

CONCLUSION OF LAW

The Board does not have jurisdiction to review the claim for payment of the cost of medical services provided by Kaerbears Healthcare on January 7, 2020, to January 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 October 21, 2020, the Board of Veterans' Appeals (Board) received a VA Form 10182, Decision Review Request: Board Appeal electing the Direct Review docket to review a September 23, 2020, Explanation of Payment (EOP) denying payment for medical services associated with claim number 302026500021657000 that were furnished by the Appellant on January 7, 2020, to January 31, 2020.  38 U.S.C. § 1703.

Decisions under the VCCP (effective June 6, 2019) do not fall within the Board's jurisdiction, including those related to payment for services.  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 VA'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 the potential jurisdictional defect in a September 2021 letter and provided an opportunity to submit additional evidence or argument.  The Appellant did not respond.  38 C.F.R. § 20.104(c).

The Board does not have jurisdiction to review the Appellant's claim.  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.