Citation Nr: 0001209 Decision Date: 01/14/00 Archive Date: 01/27/00 DOCKET NO. 98-08 820A ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Cleveland, Ohio THE ISSUE Entitlement to reimbursement or payment for the cost of unauthorized private medical services for the period from February 17, 1997 to April [redacted], 1997. REPRESENTATION Appellant represented by: The American Legion WITNESS AT HEARING ON APPEAL The appellant ATTORNEY FOR THE BOARD A. C. Mackenzie, Associate Counsel INTRODUCTION The veteran had verified military service from August 1969 to September 1970, and his DD Form 214N indicates prior active service of one year and 14 days. He died on April [redacted], 1997, and the appellant is his widow. This matter arises from a decision issued by the VA Outpatient Clinic (VAOPC) in Columbus, Ohio in October 1997 and comes before the Board of Veterans' Appeals (Board) from the Cleveland, Ohio Department of Veterans Affairs Regional Office (VARO). REMAND In the present case, the veteran was admitted to the Ohio State University Medical Center on February 17, 1997 with a history of non-Hodgkin's lymphoma, and he underwent a bone marrow transplant upon admission. He remained hospitalized at this facility until his death on April [redacted], 1997. During the course of this hospitalization, in March 1997, the RO granted service connection for non-Hodgkin's lymphoma, with a 100 percent evaluation assigned as of February 18, 1997. In statements dated in October and December of 1997, the Chief of Staff of the Columbus VAOPC noted that the veteran's bone marrow transfer could have been accomplished at a VA medical center. However, the Chief of Staff did not comment upon the veteran's eligibility for treatment, given his nonservice-connected status prior to March 1997; the availability of hospital space; or the time frame in which the bone marrow transplant could have been accomplished. Therefore, in order to fully and fairly adjudicate the appellant's claim, this case is REMANDED to the originating agency for the following action: 1. It should be determined where the nearest VA or federal medical facility was located, in relation to the veteran's place of hospitalization from February 17 to April [redacted] of 1997, that could have provided the veteran the medical care which he needed, including a bone marrow transplant, and whether the identified facility had space available to provide the veteran such care at the time of his private hospital admission. If a facility is identified that could have performed this procedure, it should be determined what the earliest date of admission eligibility would have been at this facility, given that the VA rating decision granting service connection for non-Hodgkin's lymphoma was issued in March 1997 and that this grant was made effective from February 18, 1997. If it is determined that the veteran would have been eligible for admission in February 1997, notwithstanding the fact that the March 1997 rating decision had not yet been issued, it should also be determined when that facility would have been able to provide a bone marrow transplant. If it is determined that this procedure could not have been accomplished until after February 18, 1997, a medical opinion should be obtained to ascertain whether or not delay past February 18, 1997 would have been harmful to the veteran. All of this information should be added to the appellate record. 2. Then, following completion of the above action, the originating agency should again review the appellant's claim of entitlement to reimbursement or payment for the cost of unauthorized private medical services for the period from February 17 to April [redacted] in 1997, with consideration of the provisions of 38 C.F.R. §§ 17.52, 17.53, 17.54, 17.120, and 17.121 (1999). If the appellant's claim is not granted in full, a Supplemental Statement of the Case should be issued to the appellant and her representative, who should be afforded an appropriate period of time in which to respond before the case is returned to the Board. The purpose of this REMAND is to obtain additional development and adjudication, and the Board intimates no opinion, either factual or legal, as to the ultimate outcome warranted in this case. The appellant has the right to submit additional evidence and argument on this matter. See generally Kutscherousky v. West, 12 Vet. App. 369 (1999). However, no action is required of the appellant unless she is so notified by the RO. RAYMOND F. FERNER 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).