Citation Nr: 22014886
Decision Date: 03/15/22	Archive Date: 03/15/22

DOCKET NO. 19-20 970
DATE: March 15, 2022

ORDER

Entitlement to payment or reimbursement for the cost of medical services provided by Arizona Cardiology Group on July 27, 2017, is dismissed.

FINDING OF FACT

The Veteran is not financially liable for the cost of medical services provided by Arizona Cardiology Group on July 27, 2017.

CONCLUSION OF LAW

The criteria for dismissal of entitlement to payment or reimbursement for the cost of medical services provided by Arizona Cardiology Group on July 27, 2017, have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active service from May 1967 to May 1970.

This claim was previously before the Board in December 2019, at which time it was remanded it for additional development.  The requested development has been completed, and the claim is properly before the Board for appellate consideration.

Entitlement to payment or reimbursement for the cost of medical services provided by Arizona Cardiology Group on July 27, 2017

The record shows that in March 2020 VA Payment Operations & Management was notified by Arizona Cardiology Group that the Veteran and VA did not have any financial liability for the July 27, 2017, treatment.  The claim for $276 for the treatment was submitted in error.  Therefore, the Veteran's claim is moot because he did not ever have financial liability for the treatment.  See 38 U.S.C. § 1725; 38 C.F.R. § 17.1002(e).  As such, the appeal as to this issue is dismissed.  See Smith v. Brown, 10 Vet. App. 330, 333-34 (1997) (dismissal is the proper remedy to employ when an appeal has become moot).

 

 

Michael J. Skaltsounis

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Scott Shoreman, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.