Citation Nr: A20008570
Decision Date: 05/14/20	Archive Date: 05/14/20

DOCKET NO. 190730-39763
DATE: May 14, 2020

ORDER

The appeal is dismissed.

FINDINGS OF FACT

1. On November 28, 2018 and June 20, 2019, the Veteran submitted supplemental claims to a September 2018 rating decision that denied service connection for constipation.

2. On July 29, 2019, the Veteran submitted a VA Form 10182 for the same issue decided in the September 2018 rating decision.

3. An August 2019 rating decision adjudicated the Veteran’s supplemental claim.

CONCLUSION OF LAW

The criteria for dismissal of the appeal have been met.  38 U.S.C. §§ 7104 (a), 7105 (d); 38 C.F.R. §§ 20.104 (c), 3.2500 (b).

REASONS AND BASES FOR FINDINGS AND CONCLUSION

The Veteran served on active duty from September 1980 to September 2000.

A May 2017 rating decision denied service connection for constipation.  The Veteran selected the Higher-Level Review lane when he opted into the Appeals Modernization Act (AMA) system by submitting a Rapid Appeals Modernization Program (RAMP) election form in April 2018.

In a September 2018 RAMP decision, the Agency of Original Jurisdiction (AOJ) denied service connection for constipation. In November 2018 and in June 2019, the Veteran submitted VA Form 20-0995, supplemental claims for service connection for constipation adjudicated in the September 2018 rating decision. 

In July 2019, the Veteran submitted a VA Form 10182, selecting evidence submission lane, to appeal the September 2018 rating decision to the Board for the same issue. 

In August 2019, the AOJ adjudicated the supplemental claim. The Veteran filed another supplemental claim on this same issue in April 2020.

A claimant who has filed for review under one of the options available under 38 C.F.R. § 3.2500 (a) may not, while that review is pending final adjudication, file for review under a different available option.  See 38 C.F.R. § 3.2500 (b). 

(Continued on the next page)

 

The August 2019 rating decision constitutes a decision review on the issue from the September 2018 rating decision.  As the Board cannot review the same decision, the appeal for the issue of entitlement to service connection for constipation must be dismissed.

 

 

D. JOHNSON

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	B. Jake Choi

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.