PREC 10-00    Jurisdiction of the Board of Veterans’ Appeals in Consideration of Per Diem Payments to a State Home    Citation: Vet. Aff. Op. Gen. Couns. Prec. 10-00,  VAOPGCPREC 10-00, 2000

Does the Board of Veterans’ Appeals (the Board) have jurisdiction to consider an appeal by a State home disputing a decision by the Secretary of the United States Department of Veterans Affairs (Secretary) that the State home is not eligible for per diem payments from the Department of Veterans Affairs (VA)?

The Secretary’s decision that the Utah State home does not meet VA’s nursing home standards, is not recognized by VA and, therefore, is not eligible for VA per diem payments, is a decision that falls within the limitation on judicial review set forth in section 511(a). Pursuant to 38 U.S.C. § 7104, the jurisdiction of the Board extends to all questions decided by the Secretary under section 511(a). Therefore, the Board has jurisdiction to consider this appeal.