Citation Nr: A25012002 Decision Date: 02/10/25 Archive Date: 02/10/25 DOCKET NO. 220512-303720 DATE: February 10, 2025 ORDER Entitlement to payment or?reimbursement?for?non-Department of Veterans Affairs (VA) medical services provided to the Veteran on August 2, 2021 (Claim # 302207620119457000) is dismissed. FINDING OF FACT The VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement) was received from a billing company that did not furnish the underlying non-VA medical services in question. CONCLUSION OF LAW A complete VA Form 10182 requesting review of the issue of entitlement to payment or reimbursement for non-VA medical services provided on August 2, 2021 (Claim # 302127300067738000) has not been submitted; the appeal is dismissed. 38 U.S.C. 7105; 38 C.F.R. §§ 20.202, 20.204. REASONS AND BASES FOR FINDING AND CONCLUSION In May 2022, the Board received a VA Form 10182 from Benefit Recovery Business Associates (Benefit Recovery) electing the Direct Review docket to review episodes of care that were denied on the basis that no authorization number was submitted with the relevant claim, which is a billing requirement for pre-approved care. The Board finds that Benefit Recovery is not a proper claimant that may file a VA Form 10182. 38?C.F.R. §?20.204 (a Notice of Disagreement may be filed by a claimant or by his or her representative if a proper Power of Attorney is on record or accompanies such Notice of Disagreement). "Claimant" is generally defined under VA regulations as a person who filed a written communication requesting a determination of entitlement to a specific benefit under the laws administered by VA. 38?C.F.R. §?20.3(f), (g). Under Part 17 of the regulations, claimants for payment or reimbursement of non-VA medical services for unauthorized treatment may include the veteran who received the services; the hospital, clinic, or community resource which provided the services; or a person other than the veteran who paid for the services. 38?C.F.R. §?17.123. When viewed in context of authorized non-VA medical services, health care providers include entities authorized to furnish medical services to covered veterans that enter into bid contracts to establish networks of health care providers. See generally 38?U.S.C. §?1703(c), (h); 38?C.F.R. §§?17.4005, 17.4030. There is no indication under the applicable law and regulations that a non-VA entity that did not furnish the underlying medical services may be considered a claimant. The record does not reflect that Benefit Recovery is a health care provider as described in the regulations or that Benefit Recovery provided the underlying treatment in question associated with a claim for payment for the authorized non-VA medical services. Moreover, Benefit Recovery is not a representative of the Veteran. See 38?C.F.R. §§?14.627, 14.629. Therefore, the Board finds that the May 2022 VA Form 10182 filed by Benefit Recovery did not initiate appellate review. 38?U.S.C. §?7105(a), (b)(2)(A) (Notices of disagreement shall be in writing, shall identify the specific determination with which the claimant disagrees, and may be filed by the claimant, the claimant's legal guardian, or such accredited representative, attorney, or authorized agent as may be selected by the claimant or legal guardian); 38?C.F.R. §§?20.202(a), 20.204. The appeal is accordingly dismissed. Wendy Daknis Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Freda J. F. Smith, 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.