Citation Nr: 21014230 Decision Date: 03/11/21 Archive Date: 03/11/21 DOCKET NO. 15-20 663 DATE: March 11, 2021 REMANDED Payment or reimbursement for fees incurred for transportation via ambulance service on December 13, 2014 is remanded. REASONS FOR REMAND This matter has been previously remanded by the Board of Veterans' Appeals (Board). Remand is again required for compliance with the prior directives. The basis for the prior remand is set forth (as follows) for ease of review. The appellant reportedly had service from September 1980 to March 1988. The appellant testified at a hearing in April 2017 that on December 13, 2014, she experienced pain in her neck, shoulder, back, and left side and a heaviness in her chest. She asserted that she has a familial history of heart disease, that she takes medication for cholesterol, and that she explained the situation to her sister-in-law, a registered nurse (RN), who advised her to go to the emergency room. The appellant also reported that she called the VA in Iowa City that evening and that the VA nurse had recommended she go to the nearest hospital. She then went to her neighbor, who is also an RN, and asked her to take her vital signs. Based on the results, the neighbor also advised her to go to the nearest hospital. The appellant testified that she then called the VA a second time to confirm that the care would be covered and that she was assured by the VA nurse that it would be. Once at the private hospital, the appellant was given nitroglycerin and informed that she would be taken to the Iowa City VA Medical Center (VAMC) by ambulance. She reported that the private hospital assured her that the ambulance would be covered by VA and that once she arrived at the Iowa City facility, her blood pressure was stabilized, and her heart was determined to be fine. She was then discharged to home. Payment or reimbursement of the ambulance fee was denied below on the basis that the appellant did not meet the criteria under 38 C.F.R. § 70.10, pertaining to beneficiary travel. The appellant is not currently service-connected for any disability. For nonservice-connected disorders, payment or reimbursement of expenses of care, not previously authorized, may be paid on the basis of a claim timely filed under 38 U.S.C. § 1725. The implementing regulations provide for payment or reimbursement of emergency transportation associated with such care. 38 C.F.R. § 17.003. Entitlement to payment or reimbursement of the ambulance fees under 38 C.F.R. § 17.003 was not considered by the agency of original jurisdiction (AOJ). In September 2018, the Board remanded the appeal for further development and adjudication under 38 U.S.C. § 1725. The ordered development has not occurred, nor was the directed analysis completed. Accordingly, remand is again required for compliance with the prior remand directives. The matters are REMANDED for the following action: 1. The VAMC should associate with the claims folder any medical treatment records pertaining to the December 13, 2014 episode of care that are not already of record. If there are no such records, this should be documented in the claims folder. A search should also be made for any records relating to calls made to the VA concerning the development of the situation at the time, including any advice given by VA personnel, and any contact between the Private Hospital and the VA at that time of treatment. All documents received should be included in the claims folder for review. All attempts to obtain records should be documented in the claims folder. 2. Thereafter, the VAMC should adjudicate the issue on appeal in consideration of any new evidence received and in light of all applicable statutes and regulations, to include 38 U.S.C. § 1725 and the implementing regulations. If the benefit sought on appeal remains denied, the appellant should be provided a supplemental statement of the case (SSOC), and she should be given an appropriate amount of time to respond. Evan M. Deichert Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board T. C. KING, 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.