Citation Nr: 25008043
Decision Date: 06/16/25	Archive Date: 06/16/25

DOCKET NO. 04-32 966
DATE: June 16, 2025

REMANDED

Entitlement to payment or reimbursement of unauthorized medical expenses incurred at St. John Sapulpa Hospital in Sapulpa, Oklahoma, on February 3, 2004, is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Army from June 1987 to July 1987 and from September 1988 to January 1991. This matter returns to the Board of Veterans' Appeals (Board) after a regrettably lengthy procedural history. 

The record suggests that a June 2004 decision by the Department of Veterans Affairs Medical Center (VAMC) in Muskogee, Oklahoma, denied payment or reimbursement for unauthorized medical expenses incurred on February 3, 2004. An undated remand by the Board included in the claims file returned this matter to the Agency of Original Jurisdiction (AOJ) so that the Veteran's then-representative could be provided the opportunity to submit argument on the Veteran's behalf via a VA Form 646. At that time, this was a required procedural practice for Board appeals. 

Apparently, this remand was not received at the AOJ until March 2023. At that time, the AOJ correctly determined that the VA Form 646 is no longer required. This matter then returned to the Board.

Although the Board sincerely regrets the additional delay, this matter must be remanded to the AOJ for additional documentation. Indeed, the claims file lacks almost all information required to adjudicate this claim, including the original claim, original decision, and any evidence pertaining to the reasons for denial. 

The Board cannot adjudicate this matter without additional information. Therefore, a remand is required so that the AOJ can reconstruct the record and upload all related documentation to the electronic claims file. If records are unable to be located, the AOJ should make a formal finding of unavailability. The AOJ must provide the Veteran and his representative with an opportunity to provide additional relevant documentation and/or written statements related to this claim. 

The matter is REMANDED for the following action:

Reconstruct the record and upload all relevant documentation to the electronic claims file pertaining to the Veteran's treatment at St. John Sapulpa Hospital in Sapulpa, Oklahoma, on February 3, 2004. In doing so, the AOJ must provide the Veteran and his representative an opportunity to submit additional documents and/or written statements regarding the claim and include these in the claims file. If documents are unable to be associated with the record, make a formal finding of unavailability. Then, readjudicate the claim.  

 

Wendy Daknis

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Freda J. F. Smith, 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.