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