Citation Nr: 21015979 Decision Date: 03/18/21 Archive Date: 03/18/21 DOCKET NO. 18-14 119A DATE: March 18, 2021 ORDER Entitlement to payment or reimbursement of beneficiary travel expenses for VA special model transportation provided by South Howell County Ambulance District to a VA medical facility on October 29, 2016 is denied. FINDING OF FACT The Veteran’s claim for beneficiary travel benefits was received on August 29, 2017, more than 30 calendar days after completing the travel, which was on October 29, 2016. CONCLUSION OF LAW The criteria for payment or reimbursement for beneficiary travel expenses associated with travel to a VA medical facility on October 29, 2016, have not been met. 38 U.S.C. §§ 111; 38 C.F.R. §§ 70.2, 70.10, 70.20. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service from May 1973 to May 1975.  This case comes before the Board of Veterans’ Appeals (Board) on appeal from an August 2017 administrative decision issued by the Department of Veterans Affairs Medical Center (VAMC). To date, the Veteran has not designated an individual or Veterans Service Organization as his representative. Therefore, the Board recognizes the Veteran as proceeding pro se in this appeal. Entitlement to payment or reimbursement of beneficiary travel expenses for VA special model transportation provided by South Howell County Ambulance District to a VA medical facility on October 29, 2016 The Veteran seeks beneficiary travel payments from VA for the costs of his ambulance transportation to a VA medical facility on October 29, 2016. The ambulance transportation was provided by the South Howell County Ambulance District. Generally, VA beneficiary travel is a payment for travel expenses incurred in the United States to help Veterans and other persons obtain care or services from the Veterans Health Administration. 38 U.S.C. § 111; 38 C.F.R. § 70.10. A Veteran is eligible for beneficiary travel payments for travel to or from a VA facility or VA-authorized health care facility for the following: 1) treatment for a service-connected disability, regardless of the disability rating; 2) treatment for any disability, provided that the Veteran has a service-connected disability rated at 30 percent or more; 3) a scheduled compensation and pension examination; 4) if the Veteran receives pension under 38 U.S.C. § 1521; 5) if the Veteran's annual income does not exceed the maximum annual rate of pension that the Veteran would receive under 38 U.S.C. § 1521; or, 6) if, the Veteran is unable to defray the expenses of that travel under certain circumstances. 38 U.S.C. § 111; 38 C.F.R. § 70.10 (a). The claimant must apply for payment of beneficiary travel within 30 calendar days after completing beneficiary travel that does not include a special mode of transportation. 38 C.F.R. § 70.20 (b). For beneficiary travel that includes a special mode of transportation, a claimant must apply for payment of beneficiary travel and obtain approval from VA prior to the travel. If the travel included a special mode of transportation and the claimant without prior approval applies for payment of the beneficiary travel within 30 days after the travel is completed, the application will be considered timely submitted if the travel was for emergency treatment. 38 C.F.R. § 70.20 (c). Special mode of transportation includes an ambulance or other mode of transportation specifically designed to transport disabled persons. 38 C.F.R. § 70.2. The date of an application for beneficiary travel is the postmark date, if mailed; or the date of submission if hand delivered, provided by electronic means, or provided orally. 38 C.F.R. § 70.20 (g). The Veteran does not have a service-connected disability. In August 2017, VA received a claim for beneficiary travel benefits reimbursement for the cost of the Veteran’s travel by ambulance to a VA medical facility in October 2016. Reimbursement for beneficiary travel benefits for travel completed on October 29, 2016, must be denied because the claim for reimbursement was not filed until August 29, 2017, which was more than 30 days after the beneficiary travel. While the Board is sympathetic to the Veteran’s claim, he has not submitted any supporting documents to show that his claim was filed in a timely manner. As such, the appeal must be denied as a matter of law. See 38 C.F.R. § 70.20 (b); see also Sabonis v. Brown, 6 Vet. App. 426, 430 (1994). C. CRAWFORD Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Brennae L. Brooks, 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.