Citation Nr: 21022746
Decision Date: 04/19/21	Archive Date: 04/19/21

DOCKET NO. 02-06 862A
DATE: April 19, 2021

REMANDED

Entitlement to payment or reimbursement of medical expenses incurred on January 17, 2000, February 21, 2000, April 21 and 22, 2000, October 6, 2000, and March 6, 2001, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from June 1965 to April 1969.  This appeal is before the Board of Veterans’ Appeals (Board) from May and June 2001 decisions of the Department of Veterans Affairs (VA) Veterans Health Administration (VHA).    

The Board remanded this matter to the agency of original jurisdiction (AOJ) in July 2003.  Subsequently, the record does not reflect any further action on the Veteran’s claim until November 2020, at which time it was determined by the AOJ that, despite attempts to rebuild the Veteran’s claims file, all documentation pertinent to the Veteran’s appeal was unable to be located.

In a December 2020 letter, the AOJ informed the Veteran that all documentation relevant to his claim was missing, that VHA had initiated procedures to rebuild his file, and that if he had copies of any evidence from the original file that he would like to submit, he was encouraged submit it.  On the same date of the letter, the AOJ issued a supplemental statement of the case continuing to deny the Veteran’s claim.  

In addition to the July 2003 Board remand there is of record a December 2001 statement from the Veteran regarding his appeal, which indicates that at least part of the treatment in question took place at St. Joseph Medical Center. 

The Board acknowledges a February 2021 VA Payment Center note, which states that all records pertinent to the Veterans claim were unable to be located after thorough research/review was completed by Legal Administrative staff. While it states that “[t]he vendor was also unable to locate or submit any documentation or claims for these episodes of care due to the age of the claims/EOC,” neither this statement, nor any other AOJ record, identifies the vendor or vendors at issue; or documents what efforts were made to contact any vender to obtain pertinent records.

Also, none of the correspondence sent to the Veteran informed him who the vendor or provider of the medical care at issue was; what efforts were made to contact any such vendor or provider; advised him to request documentation himself from such vendor to submit directly to VA; or that an inability to obtain such information would likely result in the denial of his claim.  See 38 C.F.R. § 3.159(e)(1).

The matter is therefore REMANDED for the following action:

1. Contact the Veteran to:

(a.) Inform him of what efforts have been made to contact any vendor or provider, to include St. Joseph Medical Center, to obtain records of his treatment on January 17, 2000, February 21, 2000, April 21 and 22, 2000, October 6, 2000, and March 6, 2001;

(b.) Advise him to make attempts to obatin such records himself, and to submit them directly to VA; and

(c.) Advise him that an inability to obtain such information may result in the denial of his claim. 

2. After completing the above and any other necessary development, readjudicate the appeal.  If any benefit sought remains denied, provide a supplemental statement of the case to the Veteran.

 

 

JONATHAN B. KRAMER

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Andrew Mack, 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.