Citation Nr: A24045895
Decision Date: 08/13/24	Archive Date: 08/13/24

DOCKET NO. 210607-221882
DATE: August 13, 2024

ORDER

The issue of whether the contractual payment rate for the cost of medical services furnished by the appellant during January 2020 is proper is dismissed.

FINDING OF FACT

This appeal was improperly docketed as the VA Form 10182 received June 7, 2021, was an exact duplicate of a VA Form 10182 received in May 2021, and a decision addressing the May 2021 VA Form 10182 has been issued.

CONCLUSION OF LAW

The issue of whether the contractual payment rate for the cost of medical services furnished by the appellant during January 2020 is proper have been met. 38 U.S.C. § 7105.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from May 1951 to May 1953. He died in April 2022. The appellant is Mennonite General Hospital-Ama de Llaves, a non-VA medical provider who rendered services to the Veteran during January 2020, on behalf of VA, furnished through a VCA. See generally 38 C.F.R. § 17.4110-17.4135.  

Under 38 U.S.C. § 7105, the Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. In this case, a previous VA Form 10182 was received by VA on May 13, 2021, in which the appellant attempted to appeal to the Board's Direct Review docket, the issue listed was "payment made by different contract rate" for "service date January 2020." An "EFT" number was provided. The date of decision was listed as May 7, 2020. The signature was dated as April 9, 2021. The present appeal was docketed after receipt of a VA Form 10182 received June 7, 2021. The appellant included the same issue, an identical "EFT" number, the same May 7, 2020, date of decision, the same signatory on behalf of the appellant, and the same signature date as the May 13, 2021, VA Form 10182.

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Thus, the June 7, 2021, VA Form 10182 is a duplicate of the May 13, 2021, VA Form 10182. The May 13, 2021 VA Form 10182 was addressed under a decision issued for an appeal with docket number 210513-251632. As a decision has already been issued regarding the issue and decision listed in the identical May 13, 2021, VA Form 10182, there remain no further error of fact or law for the Board to address. Accordingly, the appeal is dismissed.

 

 

Grace J. Suh

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. George

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.