Citation Nr: A25005751 Decision Date: 01/23/25 Archive Date: 01/23/25 DOCKET NO. 241126-494346 DATE: January 23, 2025 ORDER Entitlement to reimbursement of beneficiary travel expenses for roundtrip travel from the Veteran's home to Milo C. Huempfner Department of Veterans Affairs (VA) Outpatient Clinic incurred on November 5, 2024, is granted. FINDINGS OF FACT 1. The Veteran traveled to the Huempfner VA Outpatient Clinic on November 5, 2024, and had no prior knowledge that his medical appointment had been canceled by VA. 2. The Veteran's failure to obtain care on November 5, 2024, was due to VA action. CONCLUSION OF LAW The criteria for payment or reimbursement for the cost of beneficiary travel expenses for roundtrip travel from the Veteran's home to the VAMC on Huempfner VA Outpatient Clinic on November 5, 2024, are met. 38 U.S.C. § 5107; 38 C.F.R. §§ 70.4, 70.10(a)(1). REASONS AND BASES FOR FINDINGS AND CONCLUSION This matter comes before the Board of Veterans' Appeals (Board) on appeal from a November 2024 determination made by a Department of Veterans Affairs (VA) Veterans Health Administration (VHA) Agency of Original Jurisdiction (AOJ). In the November 2024 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement (NOD)), the Veteran elected the Direct Review docket. Therefore, the Board may only consider the evidence of record at the time of the November 2024 AOJ decision on appeal. 38 C.F.R. § 20.301. Any evidence submitted after the AOJ decision on appeal cannot be considered by the Board. 38 C.F.R. §§ 20.300, 20.301, 20.801. The Board is aware of the recent decision in Williams v. McDonough, 37 Vet. App. 305 (2024), which held that under 38 C.F.R. § 20.202(c)(2) an appellant may modify a Notice of Disagreement (NOD) and change Board dockets by submitting a new NOD within one year of notification of the decision on appeal or within 60 days of the date that the Board received the original NOD, whichever is later. The Board acknowledges that this period has not yet expired but finds no prejudice to the Veteran in adjudicating this appeal, as the benefit sought will be granted in full. 1. Beneficiary Travel The Veteran contends that he is entitled to payment or reimbursement for beneficiary travel expenses for travel to a VA scheduled treatment at the VA outpatient clinic on November 5, 2044. See November 2024 VA Form 10182. In other words, the Veteran asserts that failure to obtain scheduled VA medical services was due solely to VA action and through no fault of his own. ? Legal Criteria Generally, payment or reimbursement for beneficiary travel may be authorized under 38 C.F.R. §§ 70.1-70.50. 38 U.S.C. § 111. VA will approve payment for beneficiary travel if the travel was made to obtain care or services for a person who is eligible for beneficiary travel payments under 38 C.F.R. § 70.10. Eligible persons include veterans with a service-connected disability rated at 30 percent or more who travel to or from a VA facility or VA-authorized health care facility for examination, treatment, or care for any condition. 38 C.F.R. § 70.10(a)(2). VA will approve payment for beneficiary travel if: (1) the travel was made to obtain care of services for a person who is eligible for beneficiary travel payments under § 70.10; (2) the travel was in conjunction with care or services for which such person was eligible under the laws administered by VA; (3) application was made in accordance with § 70.20; (4) all the requirements of this part for payment are made; and (5) any failure to obtain the care or services was due to actions by officials of VA or persons acting on behalf of VA. 38 C.F.R. § 70.4. Discussion In this appeal, the Veteran is in receipt of service connection for posttraumatic stress disorder (PTSD), residuals of prostate cancer, radiation proctitis, bilateral orchiectomy, right finger laceration, and erectile dysfunction. See March 2016 Rating Decision-Codesheet. The Veteran has been in receipt of a total disability rating since September 2014. As such, the threshold disability requirement for receipt of beneficiary travel benefits has been met. 38 C.F.R. § 70.10 (a)(2). The Veteran's VHA file confirms that his appointment scheduled for November 5, 2024, was cancelled by the clinic. See VHA Medical Record Appointments. In the November 2024 VA Form 10182, the Veteran reported that he presented to the appointment to receive a shingles shot and learned that his appointment was canceled by VA due to a scheduling mistake. Based on the foregoing, the Board finds that the record is in at least equipoise as to whether the November 5, 2024, VA scheduled appointment is entitled to payment or reimbursement for round-trip beneficiary travel expenses. The November 5, 2024, VA outpatient clinic appointment was canceled by VA as noted in the VHA medical file. The Veteran's failure to obtain care was due solely to VA actions. Thus, in resolving all reasonable doubt in the Veteran's favor, the Board concludes that payment or reimbursement of beneficiary travel expenses for roundtrip travel from the Veteran's home to the VA outpatient clinic on November 5, 2024, is warranted. 38 C.F.R. § 70.4 (a)(5). Accordingly, the claim on appeal for entitlement to beneficiary travel is granted. YVETTE R. WHITE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board G. Lilly, 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.