38 C.F.R. § 70.4

Criteria for approval

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Link to an amendment published at 88 FR 10037, Feb. 16, 2023.This amendment was delayed until Feb. 16, 2025, at 88 FR 90120, Dec. 29, 2023.This amendment was further delayed until Feb. 16, 2029, at 89 FR 88888, Nov. 12, 2024.

(a) VA will approve payment for beneficiary travel under this part if:

(1) The travel was made to obtain care or services for a person who is eligible for beneficiary travel payments under § 70.10,

(2) The travel was in connection with care or services for which such person was eligible under the laws administered by VA,

(3) Application was made in accordance with § 70.20,

(4) All of the requirements of this part for payment are met, and

(5) Any failure to obtain the care or services was due to actions by officials of VA or persons acting on behalf of VA.

(b) When a claimant requests payment for beneficiary travel after the provision of care or services and the travel did not include a special mode of transportation, VA will approve round-trip payment under this part only if the travel was:

(1) In connection with care or services that were scheduled with VHA prior to arrival at the VHA-designated facility, or

(2) For emergency treatment.

(c) When a claimant requests payment for beneficiary travel for care or services that were not scheduled with VHA prior to arrival at the facility and were not emergency treatment and the travel did not include a special mode of transportation, VA will not approve round-trip payment under this part but will approve payment for the return trip if VHA actually provided care or services.

(d) Except as provided in § 70.32 concerning reimbursement or prior payment, when payment for beneficiary travel is requested for travel that includes a special mode of transportation, VA will approve payment under this part if:

(1) The travel is medically required,

(2) The beneficiary is unable to defray the cost of such transportation, and

(3) VHA approved the travel prior to travel in the special mode of transportation or the travel was undertaken in connection with a medical emergency.

(Authority: 38 U.S.C. 101, 111, 501, 1701, 1714, 1720, 1728, 1782, 1783, E.O. 11302)

Notes of Decisions

Cited in 1 case, 2009–2009 · leading case: Denise Loreth v. Eric K. Shinseki, 23 Vet. App. 159 (Vet. App. 2009).

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Denise Loreth v. Eric K. Shinseki, 23 Vet. App. 159 (Vet. App. 2009). “” 38 C.F.R. § 70.4 (d) (2009); see 73 Fed.Reg.”

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