200131-59970
200131-59970
| Board of Vet. App. | Aug 31, 2021Background
- 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.
