Citation Nr: 22012276 Decision Date: 03/03/22 Archive Date: 03/03/22 DOCKET NO. 19-07 340 DATE: March 3, 2022 ORDER Entitlement to payment or reimbursement for beneficiary travel expenses associated with travel to non-VA medical facilities, from August 22, 2018, through September 19, 2018, is granted. FINDING OF FACT The most probative evidence of record shows the Veteran filed an application for beneficiary travel benefits on September 19, 2018, less than 30 calendar days after completing beneficiary travel from August 22, 2018, through September 19, 2018. CONCLUSION OF LAW The criteria for payment or reimbursement for beneficiary travel expenses associated with travel to non-VA medical facilities, from August 22, 2018, through September 19, 2018, have 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 served on active duty from November 1970 to May 1975. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a November 2018 decision of the Department of Veterans Affairs (VA) Medical Center (VAMC) Bay Pines. Entitlement to payment or reimbursement for beneficiary travel expenses associated with travel to non-VA medical facilities, from August 22, 2018, through September 19, 2018 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 disabilities for which service connection is in effect with evaluations of at least 30 percent are posttraumatic stress disorder, degenerative disc disease of the lumbar spine, prostate cancer status post retropubic prostatectomy, and residuals of an abcess in muscle group III, left shoulder. The AOJ denied the Veteran's application for reimbursement for treatment from August 22, 2018, through September 19, 2018, finding that the application was submitted on October 22, 2018. At the outset, the Board notes that the entirety of the Veteran's claims file is not available for review. However, sufficient evidence exists to grant the claim and a remand to obtain the missing information would not be in the Veteran's interest. (Continued on the next page) The Veteran has submitted his copies of the forms sent to VHA on September 19, 2018, with follow ups on October 13, 2018, October 15, 2018, and October 22, 2018. With the copies, he submitted fax transmittal confirmation sheets for all four dates, showing the date, time, and phone number to which the information was faxed, matching the phone number provided to him by VHA. Of note, the October 15, 2018, submittal, which is also contained in the Veteran's claims file, the Veteran notes that the claims for August 22, 2018, through September 19, 2018, were previously submitted and the claims from September 22, 2018 through October 13, 2018, were new. A time stamp on the fax received by VHA shows it was received at 1:00 PM, matching the time the Veteran's fax transmittal confirmation sheet shows it was sent. Affording the Veteran the greatest benefit of the doubt, the Board finds that the application for reimbursement for beneficiary travel benefits for treatment from August 22, 2018, through September 19, 2018 was timely. As such, the appeal is granted. MICHAEL E. KILCOYNE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Uller, 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.