BVA9502344 DOCKET NO. 93-05 604 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in New York, New York THE ISSUE Whether unreimbursed medical expenses submitted by the appellant should be taken into account for accrued benefit purposes. REPRESENTATION Appellant represented by: Veterans of Foreign Wars of the United States INTRODUCTION The veteran served on active duty from March 1942 to January 1946. He was declared incompetent for VA purposes in January 1986 and died on October [redacted] 1991. This matter comes before the Board of Veteran's Appeals (Board) from a decision of April 1992 by the Department of Veterans Affairs (VA) New York, New York Regional Office (RO). CONTENTIONS OF APPELLANT ON APPEAL The appellant in effect contends that she is entitled to additional accrued benefits based on unreimbursed medical expenses that she repeatedly attempted to submit for consideration beginning in January 1991. DECISION OF THE BOARD The Board, in accordance with the provisions of 38 U.S.C.A. § 7104 (West 1991), has reviewed and considered all of the evidence and material of record in the veteran's claims file. Based on its review of the relevant evidence in this matter, and for the following reasons and bases, it is the decision of the Board that the unreimbursed medical expenses submitted by the appellant should be considered for the purposes of her entitlement to additional accrued benefits. FINDINGS OF FACT 1. All relevant evidence necessary for an equitable disposition of the appeal has been obtained by the originating agency. 2. The report of unreimbursed medical expenses dated in January 1991 was of record at the time of the veteran's death on October [redacted] 1991. CONCLUSION OF LAW Consideration of unreimbursed medical expenses submitted in January 1991 for accrued benefit purposes is in order. 38 C.F.R. § 3.1000(a) (1993). REASONS AND BASES FOR FINDINGS AND CONCLUSION The appellant's claim is "well-grounded" within the meaning of 38 U.S.C.A. § 5107(a) (West 1991). That is, she has presented a claim that is plausible. The Board is also satisfied that all relevant facts have been properly developed and no further assistance to the appellant is required to comply with the duty to assist mandated by 38 U.S.C.A. § 5107(a). In this case the RO has determined that the unreimbursed medical expenses first reported by the appellant in January 1991 may not be taken into account for accrued benefit purposes as the Eligibility Verification Report (EVR)and associated medical expense information statement were signed by her, and not by the veteran or the representative payee. The representative payee was the Director of the Albany VA Medical Center where the veteran was a patient at that time. In mid February 1991 the veteran was transferred to a nursing home. By letter dated May 3, 1991, the VA advised the appellant that, due to the veteran's discharge from the VA medical facility, a field examination would be scheduled to determine the proper payee. A review of the record fails to show that further action was taken by the RO until October [redacted] 1991, the day after the veteran's death, when the appellant was notified that her request for appointment as the veteran's payee was still pending until the field examination report was received. The Board finds that the appellant made a good faith attempt to submit unreimbursed medical expenses in support of the veteran's award of disability pension benefits and to be appointed as his representative payee. The appellant's inability to submit the unreimbursed medical expenses in a timely manner was primarily attributable to the delay by the RO in processing her request for appointment as the veteran's payee. Further, the unreimbursed medical expenses in question appear to be valid on their face and consistent with the veteran's medical condition at that time. Accordingly, the Board finds that the unreimbursed medical expenses submitted by the appellant in January 1991 should be taken into account in determining her entitlement to additional accrued benefits. Further, the Board notes that the EVR submitted by the appellant in January 1992 should be used to confirm any recurring unreimbursed medical expenses reflected in the January 1991 EVR. Conary v. Derwinski, 3 Vet.App. 109 (1992). ORDER Unreimbursed medical expenses submitted by the appellant in January 1991 warrrant consideration for entitlement to additional accrued benefits. The appeal is granted. WAYNE M. BRAEUER Member, Board of Veterans' Appeals The Board of Veterans' Appeals Administrative Procedures Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 740, ___ (1994), permits a proceeding instituted before the Board to be assigned to an individual member of the Board for a determination. This proceeding has been assigned to an individual member of the Board. NOTICE OF APPELLATE RIGHTS: Under 38 U.S.C.A. § 7266 (West 1991), a decision of the Board of Veterans' Appeals granting less than the complete benefit, or benefits, sought on appeal is appealable to the United States Court of Veterans Appeals within 120 days from the date of mailing of notice of the decision, provided that a Notice of Disagreement concerning an issue which was before the Board was filed with the agency of original jurisdiction on or after November 18, 1988. Veterans' Judicial Review Act, Pub. L. No. 100-687, § 402 (1988). The date which appears on the face of this decision constitutes the date of mailing and the copy of this decision which you have received is your notice of the action taken on your appeal by the Board of Veterans' Appeals.