BVA9500550 DOCKET NO. 93-06 786 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Outpatient Clinic in El Paso, Texas THE ISSUE Entitlement to the payment or reimbursement of medical expenses not previously authorized for emergency room treatment on April 14, 1992. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD Robert E. P. Jones, Associate Counsel REMAND The veteran served on active duty from April 1953 to November 1964. This matter came before the Board of Veterans' Appeals (Board) on appeal from a June 1992 decision by the clinic of original jurisdiction, which denied the veteran's claim for payment of the cost of private medical services rendered on April 14, 1992. Although copies of certain relevant documents are on file, the veteran's complete medical administration folder is not of record. The veteran received prior treatment at the same hospital on April 12, 1992. He claims that the treatment received on April 14 was for the same illness for which he received treatment on April 12. The Department of Veterans Affairs paid for the unauthorized care received on April 12. The records for the April 12 treatment are not contained in the veteran's claims file. The veteran has also requested payment or reimbursement for treatment received from April 16 through April 21, 1992. In light of the foregoing, this case is hereby REMANDED to the originating agency for the following action: 1. After obtaining the appropriate authorization, the originating agency should obtain copies of all treatment records of the veteran dated in April 1992, from the Sierra Vista Hospital. All copies obtained should be made part of the record. 2. The veteran's medical administration folder for the period January to April 1992, should be obtained and made a part of the record. 3. The originating agency should again consider the veteran's claim for payment or reimbursement of unauthorized medical expenses incurred on April 14, 1992. The originating agency should also adjudicate the veteran's claim for payment or reimbursement of unauthorized medical expenses incurred from April 16 through April 21, 1992. 4. After the above action has been completed the originating agency should send the veteran a supplemental statement of the case which should include a summary of all evidence received since the March 1993 statement of the case. The veteran and his representative should be given the appropriate period of time in which to respond. Thereafter, the case should be returned to the Board for further consideration, if in order. No action is required by the veteran until he receives further notice. The purpose of this REMAND is to obtain clarifying information. 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. Under 38 U.S.C.A. § 7252 (West 1991), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Veterans Appeals. 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) (1993).