Citation Nr: A25035268
Decision Date: 04/16/25	Archive Date: 04/16/25

DOCKET NO. 210324-190782
DATE: April 16, 2025

ORDER

As the claim of entitlement to payment of the cost of non-Department of Veterans Affairs (VA) dental services provided on December 10, 2019 was granted in full, the appeal is dismissed.

FINDING OF FACT

While this appeal was pending, the Agency of Original Jurisdiction (AOJ) administratively approved entitlement to payment of the cost of the December 10, 2019, non-VA dental services provided to the Veteran by Family Dentistry.

CONCLUSION OF LAW

The issue of entitlement to payment of the cost of non-VA dental services provided on December 10, 2019, has been resolved in full by administrative action; the appeal is moot. 38?U.S.C. §?7105; 38?C.F.R. §?20.801.

REASONS AND BASES FOR FINDING AND CONCLUSION

The decision on appeal was issued in January 2021 and constitutes an initial decision; therefore, the modernized review system, also known as the Appeals Modernization Act (AMA), applies. 

In March 2021, the Board received a VA Form 10182, Decision Review Request: Board Appeal from the appellant electing the Evidence Submission docket for the issue decided in the January 2021 decision.

Dismissal

The appellant provided non-VA dental services to the Veteran on December 10, 2019. See Medical Expense Reimbursement (1725/1725A/1728) - VHA (October 2021). A January 2021 Veterans Health Administration (VHA) decision denied payment for the dental services provided to the Veteran, determining that the appellant's claim was not timely. This appeal arises from the appellant's disagreement with that decision. See VA 10182 (March 2021). 

The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. 38 U.S.C. § 7105.

The Board concludes that the issue of entitlement to payment of the cost of non-VA dental services provided on December 10, 2019, has been resolved in full by administrative action; the appeal is moot. 38 U.S.C. § 7105; 38 C.F.R. § 20.801. 

In this case, following the appellant's submission of the VA Form 10182, the AOJ further researched the claim history. Upon additional research, it was concluded that the appellant met the criteria for reimbursement for the services provided to the Veteran on December 10, 2019. See Medical Expense Reimbursement (1725/1725A/1728) - VHA at 9 (October 2021). An October 2021 letter reflects that VA approved the claim for payment for the dental expenses billed by Family Dentistry. Id. 

The administrative action approving entitlement to payment for the December 10, 2019, non-VA dental services constitutes a reversal of the denial and a full grant of the benefit sought in this appeal. As the appellant's claim has been approved, the appellant has no present case or controversy for the Board to adjudicate with regard to this or any other matter as contemplated by?38 U.S.C. §?7104. 

Accordingly, the appeal is dismissed. 38?U.S.C. §?7105(d).

 

 

C.A. SKOW

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	T.F., 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.