Citation Nr: A25041262 Decision Date: 05/06/25 Archive Date: 05/06/25 DOCKET NO. 241015-512087 DATE: May 6, 2025 REMANDED Entitlement to payment or reimbursement for the cost of non-Department of Veterans Affairs (VA) medical care provided by St. Charles Bend Emergency Department on September 22, 2024, is remanded. REASONS FOR REMAND The Veteran served on active duty from July 1961 to August 1964. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an October 2024 determination made by a VA Veterans Health Administration (VHA) Agency of Original Jurisdiction (AOJ). In his October 2024 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Direct Review docket. However, with the VA Form 10182, the Veteran also submitted additional evidence. The Board recognizes its duty to seek clarification of the Veteran's intention to elect the Direct Review docket when additional evidence is submitted with the VA Form 10182 electing direct review. See Edwards v. McDonough, 36 Vet. App. 56 (2023). However, as this case is being remanded in full, the Board finds that there is no prejudice in proceeding. Any evidence submitted after the AOJ decision on appeal cannot be considered by the Board. 38 C.F.R. §§ 20.300, 20.301, 20.801. Because this case is being remanded, however, the AOJ will have the opportunity to review this additional evidence in the first instance. The Board also acknowledges that this decision is being issued prior to the expiration of the period during which the Veteran may elect to switch dockets. See Williams v. McDonough, 37 Vet. App. 305 (2024). While this time has not expired, the Board finds that there is no prejudice in proceeding with this claim as it is being remanded in full, and to hold this case any longer to seek clarification from the Veteran as to whether he would like to waive the remaining period would ultimately result in prejudice to him. Entitlement to payment or reimbursement for the cost of non-VA medical care provided by St. Charles Bend Emergency Department on September 22, 2024 The October 2024 VHA decision letter adjudicated the Veteran's claim based on the provisions of 38 U.S.C. § 1728. The AOJ did not properly consider the Veteran's claim under the provisions of?38 U.S.C. § 1725. Because of this, the record does not contain sufficient evidence to establish whether the emergency treatment would have been payable under?38 U.S.C. §?1725, including whether the Veteran was an active VA health-care participant?24 months?prior to his treatment on September 22, 2024. Accordingly, remand is warranted to correct an error in satisfying a regulatory or statutory duty. The Veteran is notified that under the modernized appeal system, remands do not automatically return to the Board for additional adjudication. Should the AOJ deny the claim in whole or in part and the Veteran wishes to continue his appeal before the Board, he should file VA Form 10182 within the applicable appeal period after the AOJ's addresses the claim on the merits. The matter is REMANDED for the following action: 1. Associate with the claim file all information necessary to address the claim for payment or reimbursement of the cost of non-VA medical care provided on September 22, 2024, under?38 U.S.C. § 1725, including a determination as to whether the Veteran received VA treatment within?24 months?of the non-VA treatment. 2. Provide the Veteran appropriate notice under?38 U.S.C. § 5104(b) of the decision on the issue of entitlement to payment or reimbursement of non-VA care on September 22, 2024, to include consideration of the provisions of?38 C.F.R. § 17.1003?allowing for payment or reimbursement under?38 U.S.C. § 1725. E. I. VELEZ Veterans Law Judge Board of Veterans' Appeals Attorney for the Board T. Matta, 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.