Citation Nr: A25035642 Decision Date: 04/17/25 Archive Date: 04/17/25 DOCKET NO. 241004-512138 DATE: April 17, 2025 ORDER Entitlement to payment or reimbursement of beneficiary travel expenses for travel to and from a Department of Veterans Affairs (VA) Medical Center (VAMC) for a medical appointment on June 11, 2024, is granted. Entitlement to payment or reimbursement of beneficiary travel expenses for travel to and from a Department of Veterans Affairs (VA) Medical Center (VAMC) for a medical appointment on July 9, 2024, is granted. FINDINGS OF FACT 1. The Veteran completed an appointment at [omitted] VAMC on June 11, 2024. 2. The Veteran completed an appointment at [omitted] VAMC on July 9, 2024. 3. The Veteran has a service-connected disability rated at 30 percent or more. 4. The claims were denied by the VA Veterans Health Administration (VHA) as untimely filed, received more than 30 calendar days from the completed VA care. 5. Resolving all reasonable doubt in favor of the Veteran, the claims were timely submitted. CONCLUSIONS OF LAW 1. The criteria for entitlement to payment or reimbursement of beneficiary travel expenses for travel to and from a VAMC for a medical appointment on June 11, 2024, have been met. 38 U.S.C. § 111; 38 C.F.R. §§ 70.2, 70.4, 70.10, 70.20. 2. The criteria for entitlement to payment or reimbursement of beneficiary travel expenses for travel to and from a VAMC for a medical appointment on July 9, 2024, have been met. 38 U.S.C. § 111; 38 C.F.R. §§ 70.2, 70.4, 70.10, 70.20. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served honorably on active duty from January 1971 to October 1972. This matter comes before the Board of Veterans' Appeals (Board) on appeal from August 2024 administrative denial letters from the Veterans Health Administration (VHA). In the October 2024 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Direct Review docket. Therefore, the Board may only consider the evidence of record at the time of the August 2024 agency of original jurisdiction (AOJ) decisions on appeal. 38 C.F.R. § 20.301. Any evidence submitted after the AOJ decisions on appeal cannot be considered by the Board. 38 C.F.R. §§ 20.300, 20.301, 20.801. If the Veteran would like VA to consider any evidence that was submitted that the Board could not consider, the Veteran 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. Beneficiary Travel 1. Entitlement to payment or reimbursement of beneficiary travel expenses for travel to and from a VAMC for a medical appointment on June 11, 2024, is granted. 2. Entitlement to payment or reimbursement of beneficiary travel expenses for travel to and from a VAMC for a medical appointment on July 9, 2024, is granted. The Veteran contends generally that he should be reimbursed for his travel expenses to and from medical appointments he attended at a VAMC on June 11, 2024, and July 9, 2024. Generally, VA beneficiary travel is a payment for travel expenses incurred in the United States to help Veterans and other persons obtain care or services from the VHA. 38 U.S.C. § 111; 38 C.F.R. § 70.10(a). Persons eligible for beneficiary travel payments include Veterans who travel to or from a VA facility or VA-authorized health care facility in connection for the following reasons or under the following circumstances: 1) treatment for a service-connected disability, regardless of the disability rating; or, 2) treatment for any disability, provided that the veteran has a service-connected disability rated at 30 percent or more; or, 3) a scheduled compensation and pension examination; or, 4) if the veteran receives pension under 38 U.S.C. § 1521; or, 5) if the veteran's annual income does not exceed the maximum annual rate of pension that the Veteran would receive under 38 U.S.C. § 1521; or, 6) if, under certain circumstances, the veteran is unable to defray the expenses of that travel. 38 U.S.C. § 111; 38 C.F.R. § 70.10 (a). A claimant must apply for payment of beneficiary travel within 30 calendar days after completing the travel and such travel does not include a special mode of transportation. 38 C.F.R. § 70.20 (b). The Board notes that the travel in this case did not include a special mode of transportation, as such, the special mode of transportation provisions do not apply and need not be discussed further. A review of the evidence reflects that the Veteran has a service-connected disability rated at 30 percent or more; thus, the Veteran meets the criteria for eligibility of travel benefits under 38 C.F.R. § 70.10 (a). However, the Veteran's claims were originally denied due to untimeliness of filing for beneficiary travel benefits (not filed within 30 days after travel was completed). As such, this case turns on whether the veteran timely submitted his claims for payment or reimbursement for travel to medical appointments on June 11, 2024, and July 9, 2024. In this case, the Veteran completed the travel in question on June 11, 2024, and July 9, 2024, for medical appointments at a VAMC. The record reflects that the Veteran attended and checked out from both appointments. The Board notes that both denial letters do not reflect a date of receipt of a claim for payment or reimbursement for travel expenses for either appointment. See VHA Beneficiary Travel file, pages 12 and 19. Information provided by VHA from the Beneficiary Travel Self Service System (BTSSS) reflect that for payment for the June 11, 2024, appointment, the claim was created by the Veteran on June 15, 2024. See VHA Beneficiary Travel file, page 6. Additionally, for the July 9, 2024, appointment, the record reflects that the claim was created by the Veteran on July 13, 2024. See VHA Beneficiary Travel file, page 14. Further, screenshots of the BTSSS Appointments and Claims page reflects that the claims for payment of travel expenses for the dates of service were created on June 15, 2024, and July 13, 2024, respectively. See VHA Beneficiary Travel file, page 5. Notably, these dates are within 30 calendar days from when the Veteran completed his travel to his appointments. However, for both appointments, the "Claim Received" date in the same system instead reflects a date of August 20, 2024, which is outside the 30-calendar day limit for timely filing. See VHA Beneficiary Travel file, pages 6 and 14. Therefore, the Board finds that based on the record, the evidence is at least evenly balanced as to whether the Veteran filed the requests for beneficiary travel within 30 calendar days after completing the travel, and thus whether the claims were timely. If the positive and negative evidence is evenly or approximately balanced, the claimant receives the benefit of the doubt. See Lynch v. McDonough, 21 F.4th 776 (Fed. Cir. 2021) (en banc) (only when the evidence persuasively favors one side, or another, is the benefit-of-the-doubt doctrine not for application). Thus, the benefit-of-the-doubt doctrine is for application. Id. Resolving reasonable doubt for the Veteran, the Board finds that his claims were in fact timely and submitted within 30 calendar days of completion of his travel, and that he is eligible for beneficiary travel reimbursement. Accordingly, the claims for payment or reimbursement of beneficiary travel expenses for travel to and from a VAMC for a medical appointment on June 11, 2024, and July 9, 2024, are granted. 38 C.F.R. §§ 70.1-70.20. Bethany L. Buck Veterans Law Judge Board of Veterans' Appeals Attorney for the Board R. M. Lowman, 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.