Citation Nr: 20007848
Decision Date: 01/30/20	Archive Date: 01/30/20

DOCKET NO. 19-22 288A
DATE: January 30, 2020

ORDER

An adequate substantive appeal having not been filed, the claim of entitlement to service connection for schizophrenia is dismissed.

FINDING OF FACT

A substantive appeal alleging specific errors of fact or law was not filed with respect to the issue of service connection for schizophrenia.

CONCLUSION OF LAW

An adequate substantive appeal on the claim of entitlement to service connection for schizophrenia was not filed and the Board lacks jurisdiction to consider this issue. 38 U.S.C. § 7105; 38 C.F.R. §§ 20.200, 20.202. 

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active duty service from September 1981 to January 1984.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a December 2018 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO).

The Board's authority to review an adverse Department of Veterans Affairs (VA) Regional Office (RO) decision is initiated by a claimant's submission of a Notice of Disagreement (NOD) and completed by a substantive appeal after a Statement of the Case (SOC) has been furnished. 38 U.S.C. § 7105(a).  The Board has the authority to determine whether it has jurisdiction to review a case and may dismiss any case over which it does not have jurisdiction. 38 U.S.C. § 7105(d)(3); 38 C.F.R. § 20.101(d).

Here, the Veteran submitted a notice of disagreement within one year from the December 2018 rating decision that denied service connection for schizophrenia. However, on his notice of disagreement, the Veteran stated that he was seeking “a non-service connection benefits claim.” See January 2019 Notice of Disagreement. Regardless, the RO proceeded to issue a statement of the case on the issue of service connection for schizophrenia in June 2019.  The Veteran submitted a VA Form 9 in August 2019 stating that he wanted “non-service connected disability” and that he believed that VA decided his case incorrectly because VA “put my case in as service connected.”  See August 2019 VA Form 9.  

A substantive appeal consists of a properly completed VA Form 9, "Appeal to Board of Veterans' Appeals" or correspondence containing the necessary information. 38 C.F.R. § 20.202.  In this regard, a substantive appeal should set out specific arguments relating to errors of fact or law made by the AOJ in reaching the determination being appealed.  The Board will construe such arguments in a liberal matter for purposes of determining whether they raise issues on appeal, but the Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. Id.

The Board finds that the Veteran did not submit an adequate substantive appeal pursuant to 38 C.F.R. § 20.202.  To the contrary, the Veteran clearly stated on his VA Form 9 that he was not seeking service connection for schizophrenia.

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The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. 38 U.S.C. § 7105. In this matter, the Board finds that there is no allegation of error of fact or law with respect to the claim for entitlement to service connection for schizophrenia.  Accordingly, this claim is dismissed. 38 U.S.C. § 7105(d).

 

 

P.M. DILORENZO

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	S. Seserman

The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.