History
  • No items yet
midpage
200131-59970
200131-59970
| Board of Vet. App. | Aug 31, 2021
Read the full case

Background

  • Veteran served on active duty Sept 1965–Apr 1969.
  • VA RO issued a rating decision denying service connection for a bilateral foot condition in March 2009 and mailed notice the same month.
  • The record contains no NOD or new and material evidence filed within one year after the March 2009 notice.
  • Veteran submitted a legacy NOD in Nov 2019 and an AMA (VA Form 10182) NOD in Jan 2020; he also submitted other attempts (May 2019 claim form; Sept 2019 HLR; Jan 2020 HLR).
  • The Board determined the Nov 2019 and Jan 2020 NODs (and the HLR requests) were untimely; March 2009 decision is final.
  • Board advised filing a Supplemental Claim with new and relevant evidence if the Veteran wishes readjudication.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Timeliness of legacy NOD appealing March 2009 decision Veteran submitted a Nov 2019 legacy NOD to appeal the 2009 denial NOD must be filed within one year of RO notice; Nov 2019 is >10 years late Legacy NOD untimely; appeal dismissed
Use of AMA NOD (Jan 2020) to appeal March 2009 decision Veteran submitted Jan 2020 VA Form 10182 selecting direct review under AMA AMA NODs apply only to decisions issued on/after Feb 19, 2019; also must be filed within one year of the decision AMA NOD inapplicable and untimely; appeal dismissed
Validity of other attempted appeals (HLR, May 2019 claim) Veteran made additional filings (May 2019 claim form; Sept 2019 & Jan 2020 HLR requests) HLRs must be filed within one year of the decision and apply only to decisions on/after Feb 19, 2019 Those attempts do not constitute valid appeals of March 2009 denial

Key Cases Cited

  • None — the decision relies on statutory and regulatory authority and does not cite any reported judicial opinions.
Read the full case

Case Details

Case Name: 200131-59970
Court Name: Board of Veterans' Appeals
Date Published: Aug 31, 2021
Docket Number: 200131-59970
Court Abbreviation: Board of Vet. App.