Missouri Veterans Commission v. James B. Peake

DAVIS, Judge:

The appellant, Missouri Veterans Commission (Commission), appeals through counsel a June 24, 2005, Board of Veterans’ Appeals (Board) decision that denied retroactive per diem payments prior to August 3, 2001, to the State of Missouri for operation of the Warrensburg Veterans Home (Home), a “State home facility” under 38 U.S.C. § 1741(d), in Warrensburg, Missouri. For the following reasons, the Court will reverse the June 2005 Board decision and remand the matter for the Board to order VA to distribute retroactive per diem payments for any care provided to eligible veterans at…