Citation Nr: A25035462 Decision Date: 04/17/25 Archive Date: 04/17/25 DOCKET NO. 210301-206976 DATE: April 17, 2025 REMANDED Entitlement to payment for beneficiary travel expenses for treatment on April 25, 2020, is remanded. REASONS FOR REMAND The Veteran served on active duty from December 1976 to January 1977. This matter comes to the Board of Veterans' Appeals (Board) on appeal from a December 2020 administrative decision issued by the VA Regional Office (RO). This administrative decision on appeal constitutes an initial decision; therefore, the modernized review system, also known as the Appeals Modernization Act (AMA), applies. In the January 2021 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the appellant elected the Evidence submission docket. Therefore, the Board may only consider the evidence of record at the time of the December 2020 agency of original jurisdiction (AOJ) decision on appeal, as well as any evidence submitted by the appellant or his representative within 90 days following the receipt of the VA Form 10182. 38 C.F.R. § 20.302(a). If evidence was submitted either (1) during the period after the AOJ issued the decision on appeal, or (2) more than 90 days following the receipt of the VA Form 10182, the Board did not consider it in its decision. 38 C.F.R. §§ 20.300, 20.302(a), 20.801. If the appellant would like VA to consider any evidence that was submitted that the Board could not consider, the appellant may file a Supplemental Claim (VA Form 20-0995) and submit or identify this evidence. 38 C.F.R. § 3.2501. If the evidence is new and relevant, VA will issue another decision on the claim, considering the new evidence in addition to the evidence previously considered. Id. Specific instructions for filing a Supplemental Claim are included with this decision. The appellant asserts that the beneficiary travel records should reflect that the appellant's claim for travel expenses for emergency medical service rendered on April 25, 2020, was submitted on April 29, 2020. The appellant notes, and submits, a copy of the evidence indicating that the claim was submitted on April 29, 2020. See Medical Receipts, dated April 29, 2020. The Board notes that it is unclear why a copy of the claim from April 2020 was not added to the file as there is no memorandum of unavailability. As the beneficiary travel records indicate the claim was not submitted electronically, and the date of receipt of the claim is critical to determining whether the claim was timely, the available record is incomplete. In addition, there is no indication that an attempt was made to contact the appellant and/or Veteran to obtain any records relating to a claim beneficiary travel expenses for treatment on April 25, 2020. Due process requires that the AOJ ensure that a copy of the record before it is made available for the Board's review in connection with the appeal. See 38 U.S.C. § 5103 (requiring notice to claimants of required information and evidence), 5104 (requiring specific information in the notice of a decision), 5107 (requiring the Secretary to consider all information and lay and medical evidence of record in a case). The Board may remand for correction of any other error by the AOJ in satisfying a regulatory or statutory duty if correction of the error would have a reasonable possibility of aiding in substantiating the appellant's claim. 38 C.F.R. § 20.802 (a). Accordingly, on remand, the AOJ should attempt to obtain the relevant records, including contacting the Veteran, and associate them with the claims file. The AOJ's failure to obtain the VHA file is a pre-decisional duty to assist error that necessitates a remand for development. The matters are REMANDED for the following actions: 1. Associate with the file a copy of the claim for reimbursement of beneficiary travel expenses incurred on April 25, 2020, marked with the date of receipt. If a copy of the claim is unable to be located, the AOJ should make a formal finding of unavailability and provide the appellant with notice of the unavailability of the records. 2. Contact the appellant to request any records relating to a claim for beneficiary travel benefits for treatment on April 25, 2020, to include the claim and any decisions. Document all attempts to obtain the records. If any such records are unable to be located, the AOJ should make a formal finding of unavailability and provide the Veteran with notice of the unavailability of the records. M. HYLAND Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Mariah N. Sim, 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.