Citation Nr: 22014346
Decision Date: 03/12/22	Archive Date: 03/12/22

DOCKET NO. 03-08 618A
DATE: March 12, 2022

REMANDED

Entitlement to reimbursement or payment for the cost of unauthorized medical treatment provided by Coastal New Hampshire Neurosurgeons, P.A. on October 8, 2002 is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the Air Force from November 1967 to November 1971.

This case comes before the Board on appeal from a December 2002 decision of the Veterans Health Administration (VHA).

Decisions of the Board must be based on a de novo review of the evidence of record at the time of the agency of original jurisdiction (AOJ) decision on the issue or issues on appeal, and any additional evidence considered as part of the evidentiary record pursuant to applicable statute and regulation. 38 U.S.C. §§ 7104(d), 7113; 38 C.F.R. § 20.801(a).

Here, the record is missing almost all relevant procedural documents, including the original claim giving rise to this appeal and the decision or decisions on appeal. Also missing are any relevant medical records. Thus, the Board cannot fulfill its statutory and regulatory duty to base its decision on a review of the evidence of record at the time of the AOJ decision below.

The record contains a memorandum indicating that "VHA Office of Community Care has attempted to rebuild this case in its entirety, but are unable to obtain certain documentation and/or evidence." See May 2020 VHA Memorandum However, the memorandum does not indicate what efforts were taken to rebuild the file, or whether any further databases or locations remain to be searched.

Moreover, an August 2004 Board remand indicates that the record at that time included certain private medical bills submitted by the Veteran. The electronic record before the Board now no longer contains any such records.

In light of these considerations, the Board finds that a remand is necessary to make another attempt to rebuild this case file and to seek the private medical bills mentioned in the August 2004 Board remand, as well as any other medical records that may be in the Veteran's possession.

The matters are REMANDED for the following action:

1. Reconstruct the record and upload to the electronic claims file all documentation related to the claim for payment or reimbursement for unauthorized expenses medical treatment provided by Coastal New Hampshire Neurosurgeons, P.A. on October 8, 2002, including but not limited to the original claim and decision and any relevant medical records.

2. Exhaust all possible locations and/or databases before determining that records are unavailable. Afterward, if any such records are unable to be associated with the electronic record, make a formal finding of unavailability.

3. Ask the Veteran to submit any and all private or VA medical records relevant to this claim, including but not limited to private medical bills previously submitted to the Board sometime before August 2004. 

 

S.C. KREMBS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	P. Timmerman, 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.