Citation Nr: 0002312 Decision Date: 01/28/00 Archive Date: 02/02/00 DOCKET NO. 98-08 779A ) DATE ) ) On appeal from the Department of Veterans Medical Center in Bay Pines, Florida THE ISSUE Entitlement to payment or reimbursement of unauthorized medical expenses incurred at Halifax Medical Center from December 14, 1996, to December 20, 1996. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD Joseph P. Gervasio, Counsel INTRODUCTION The appellant served on active duty from July 1942 to April 1945. This case comes to the Board of Veterans' Appeals (Board) on appeal of a June 1997 decision of the Bay Pines, Florida, Medical Center (VAMC) of the Department of Veterans Affairs (VA), which denied payment or reimbursement for expenses incurred as a result of a period of hospitalization at Halifax Medical Center that began on December 14, 1996. REMAND The record shows that the appellant was hospitalized at Halifax Medical Center on December 14, 1996, for treatment of a gastrointestinal bleed that was considered to be possibly due to Coumadin therapy. He has contended that the administration of Coumadin, which he claims was prescribed in connection with outpatient treatment provided at a VA medical facility, caused the gastrointestinal bleed that led to this period of hospitalization. In essence, he has claimed compensation benefits under 38 U.S.C.A. § 1151 for the gastrointestinal bleeding disorder that could, in turn, provide a basis for payment or reimbursement of the claimed hospital expenses if found to be a service-connected disability under section 1151. See 38 C.F.R. § 17.120 (1999). This issue is therefore intertwined with the issue that is currently before the Board. Harris v. Derwinski, 1 Vet. App. 180 (1991). It is noted that no VA outpatient treatment records have been associated with the claims file for appellate review, so it is unclear whether there is documentation reflecting VA-administered Coumadin therapy. In view of the above, the claim is remanded for the following: 1. The VAMC should take customary measures to obtain copies of all medical records of treatment provided to the appellant by VA during 1996 for association with the claims file. 2. The VAMC should forward the claim to the RO for adjudication of the intertwined issue of entitlement to service-connected compensation benefits for gastrointestinal bleeding under the provisions of 38 U.S.C.A. § 1151. If adverse, this matter must be developed for appellate consideration, and this should include furnishing a supplemental statement of the case and affording a reasonable opportunity for the appellant to respond. Thereafter, the case should be returned to this Board for further appellate consideration. The appellant need take no action until he is notified. The appellant has the right to submit additional evidence and argument on the matter or matters the Board has remanded to the regional office. Kutscherousky v. West, 12 Vet. App. 369 (1999). This claim must be afforded expeditious treatment by the RO. The law requires that all claims that are remanded by the Board of Veterans' Appeals or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner. See The Veterans' Benefits Improvements Act of 1994, Pub. L. No. 103-446, § 302, 108 Stat. 4645, 4658 (1994), 38 U.S.C.A. § 5101 (West Supp. 1999) (Historical and Statutory Notes). In addition, VBA's Adjudication Procedure Manual, M21-1, Part IV, directs the ROs to provide expeditious handling of all cases that have been remanded by the Board and the Court. See M21-1, Part IV, paras. 8.44- 8.45 and 38.02-38.03. CHRISTOPHER P. KISSEL Acting Member, Board of Veterans' Appeals Under 38 U.S.C.A. § 7252 (West 1991 & Supp. 1999), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Appeals for Veterans Claims. This remand is in the nature of a preliminary order and does not constitute a decision of the Board on the merits of your appeal. 38 C.F.R. § 20.1100(b) (1999).