Citation Nr: 0004587 Decision Date: 02/22/00 Archive Date: 02/28/00 DOCKET NO. 92-08 349A ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Roanoke, Virginia THE ISSUE Entitlement to payment or reimbursement of unauthorized medical expenses incurred on August 18, 1998, for ambulance services. (The issues of an evaluation in excess of 30 percent for migraine headaches and for a compensable evaluation for bilateral pes planus are the subject of a separate decision.) REPRESENTATION Appellant represented by: Disabled American Veterans WITNESSES AT HEARING ON APPEAL Appellant and his wife. ATTORNEY FOR THE BOARD A. Shawkey, Counsel INTRODUCTION The veteran served on active duty from July 1946 to February 1948. This matter comes to the Board of Veterans' Appeals on appeal from a May 1999 decision by the Department of Veterans Affairs (VA) Medical Center (VAMC), Medical Administrative Services (MAS) division, in Tucson, Arizona, that denied the veteran's claim for reimbursement or payment of unauthorized ambulance expenses incurred on August 18, 1998. REMAND The record shows that the veteran and his wife attended a hearing before the VAMC-MAS in Tucson, Arizona, in July 1999, with respect to this claim. While the veteran was advised at the hearing, as well as in an earlier letter from the VAMC- MAS in June 1999, that a decision would be made by medical center personnel based on the testimony and other evidence, there is no such decision on file. It is thus not clear from the record whether a decision was made, but placed in another file such as the administrative records folder, or whether a decision was not made. Pursuant to 38 C.F.R. § 19.37, evidence received by the agency of original jurisdiction prior to transfer of the record to the Board after an appeal has been initiated (including evidence received after verification has been completed) will be referred to the appropriate rating or authorization activity for review and disposition. Since the hearing testimony presented in July 1999 constitutes additional evidence on the issue of reimbursement for medical (ambulance) expenses incurred on August 18, 1998, such evidence must be reviewed by the VAMC- MAS. Consequently, since it is not clear from the record whether the VAMC-MAS made a decision following the July 1999 hearing, the case must be referred to the VAMC-MAS for clarification and appropriate action in this matter. 38 C.F.R. §§ 19.37, 19.31. In addition, it is noted in a June 1999 substantive appeal that the veteran requested a hearing before a traveling member of the Board. Despite this request, it does not appear that such a hearing was ever scheduled. Although a hearing was held by VAMC-MAS personnel in July 1999, the veteran has not indicated that this hearing satisfied his request for a Travel Board hearing. Pursuant to 38 C.F.R. § 20.700(a) (1999), a hearing on appeal will be granted to a veteran who requests a hearing and is willing to appear in person. This includes Travel Board hearings. See also 38 U.S.C.A. § 7107(d)(1) (pertaining specifically to Board hearings). Accordingly, clarification should be sought from the veteran as to whether he still desires to attend a Travel Board hearing and, if so, such a hearing should be scheduled. Id. Accordingly, this case is REMANDED to the RO for referral to the VAMC-MAS for the following action: 1. The VAMC-MAS should make certain that all records pertaining to the claim for payment or reimbursement of unauthorized medical expenses incurred on August 18, 1998, are associated with the claims folder, including any pertinent records that may be in the administrative records folder. 2. The VAMC-MAS should seek clarification from the veteran as to whether he is requesting a Travel Board hearing at the regional office, and if he is, such a hearing should be scheduled. The veteran should be notified of the date and time of the hearing in accordance with 38 C.F.R. § 20.702(b) (1999). 3. Thereafter, if the VAMC-MAS has not already done so, it must reevaluate the evidence in its entirety to include the hearing testimony given by the veteran in July 1999, and enter a new determination with respect to whether reimbursement or payment of the ambulance expenses incurred on August 18, 1998, is warranted. If the decision remains adverse to the veteran, he and his representative should be furnished a Supplemental Statement of the Case and be given a reasonable opportunity to respond. Alternatively, in the event that the VAMC-MAS has already made a decision following the July 1999 hearing which was based on the complete record, it should ensure that copies of the determination and a Supplemental Statement of the Case (if appropriate) have been sent to the veteran and his representative and are present in the claims file. It should also ensure that the veteran and his representative have been given a reasonable opportunity to respond to the SSOC (if appropriate). Then, if a Travel Board hearing is not pending, the case should be returned to this Board for further appellate review, if appropriate. The purpose of this remand is to develop the record. 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). The Board intimates no opinion, either legal or factual, as to the ultimate disposition of this case. 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. C.W. Symanski 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).