Citation Nr: A25028186 Decision Date: 03/26/25 Archive Date: 03/26/25 DOCKET NO. 210615-263921 DATE: March 26, 2025 ORDER Entitlement to payment or reimbursement for the cost of non-Department of Veterans Affairs (VA) medical services provided on January 22, 2020, is dismissed. Entitlement to payment or reimbursement for the cost of non-Department of Veterans Affairs (VA) medical services provided on January 29, 2020, is dismissed. FINDING OF FACT The Veterans Health Administration (VHA) Office of Community Care has overturned the initial denials and granted payment for services provided for the episode of care on January 22, 2020, and January 29, 2020. CONCLUSIONS OF LAW 1. The appeal of the issue of entitlement to payment or reimbursement for services rendered by Sai Oral Surgery for the episode of care on January 22, 2020, is moot. 38 U.S.C. §§ 1703, 1725, 5107; 38 C.F.R. §§ 17.52, 17.54, 17.120, 17.121, 20.205. 2. The appeal of the issue of entitlement to payment or reimbursement for services rendered by Sai Oral Surgery for the episode of care on January 29, 2020, is moot. 38 U.S.C. §§ 1703, 1725, 5107; 38 C.F.R. §§ 17.52, 17.54, 17.120, 17.121, 20.205. REASONS AND BASES FOR FINDING AND CONCLUSIONS The Veteran served in the U.S. Army from March 2002 to January 2012. His awards include the Purple Heart and Valorous Unit Award. The appellant is the medical services provider for the claims on appeal. In the June 2021 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the appellant elected the Hearing docket. A January 2025 notification advised the appellant that a hearing was scheduled for April 2, 2025. However, the scheduled Board hearing has been canceled, as review of the file shows the appellant's claims have already been granted. The Veteran received non-VA medical services from Sai Oral Surgery on January 22, 2020 and January 29, 2020. The appellant's claims for reimbursement were initially denied on the basis that no authorization number was submitted with either claim. A February 16, 2021 Explanation of Payment showed that Sai Oral Surgery billed $328.00 for medical services provided on January 22, 2020. See Medical Expense Reimbursement VHA file, 13. A separate February 16, 2021 Explanation of Payment showed that Sai Oral Surgery billed $710.00 for medical services provided on January 29, 2020, and VHA denied payment. See id., 18. However, during the pendency of this appeal, the claims were administratively reviewed and the denial of payment for the episodes of care on January 22, 2020 and January 29, 2020 were overturned. The evidence of record shows that correspondence was sent to the appellant notifying them of the Office of Community Care's determination regarding both episodes of care. In an October 5, 2021 Explanation of Payment, the appellant was notified that the claim was approved, and $574.12 would be paid for the medical services provided on January 29, 2020. See id., 10. An internal VA program print out reveals that the appellant was paid $574.12 on September 17, 2021. Id., 8. On a November 4, 2021 Explanation of Payment, the appellant was notified that the claim was approved, and $184.78 would be paid for the medical services provided on January 22, 2020. Id., 6. A print out reveals that the $184.78 was paid on October 28, 2021. Id., 4. Under 38 U.S.C. § 7105 (d)(5), the Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. As there remains no adverse action with regards to the January 22, 2020 and January 29, 2020 dates of service, there is no case or controversy for the Board to adjudicate, and the appropriate course of action is to dismiss the present appeals as to these dates of care as moot. As the appellant is in receipt of the benefits sought on appeal, the Board finds that the issue of entitlement to payment or reimbursement for the cost of non-VA medical services provided on January 22, 2020 and January 29, 2020 are moot, and the issues are dismissed. MICHELLE L. KANE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M.H. Stubbs 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.