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201105-163655
201105-163655
Board of Vet. App.
Sep 30, 2021
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Background

  • Appellant: Home Instead Senior Care; Veteran served in the US Marine Corps (Jan 1954–Dec 1956).
  • Dispute concerned payment/reimbursement for a Home Instead episode of care dated February 2, 2020 (record also references February 12, 2020).
  • VHA initially denied payment for lack of authorization; Home Instead timely appealed by filing VA Form 10182 (Nov 2020) and elected the Direct Review docket under the AMA.
  • Under Direct Review the Board may consider only evidence of record at the time of the AOJ decision.
  • While the appeal was pending, VA administratively processed and paid Home Instead $70.65 on March 6, 2021 for the February 2, 2020 date of service.
  • Because payment was issued and no adverse action remained, the Board dismissed the appeal as moot under 38 U.S.C. § 7105(d)(5).

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Entitlement to payment/reimbursement for 2/2/2020 service Home Instead: it timely received authorization and is owed payment VHA: initial denial for no authorization; subsequently administratively paid the claim Appeal dismissed as moot because VA paid $70.65 and no adverse action remains

Key Cases Cited

  • Cardona v. Shinseki, 26 Vet. App. 472 (2014) (mootness; no case or controversy where no adverse action remains)
  • Padgett v. Peake, 22 Vet. App. 159 (2008) (en banc) (mootness principles in veterans appeals)
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Case Details

Case Name: 201105-163655
Court Name: Board of Veterans' Appeals
Date Published: Sep 30, 2021
Docket Number: 201105-163655
Court Abbreviation: Board of Vet. App.