Citation Nr: 24017366
Decision Date: 04/23/24	Archive Date: 04/23/24

DOCKET NO. 22-00 202
DATE: April 23, 2024

ORDER

Entitlement to temporary total evaluation for rotator cuff tendonitis beyond May 1, 2017 is dismissed.

FINDING OF FACT

The Veteran's claim for entitlement to temporary total evaluation for rotator cuff tendonitis beyond May 1, 2017, was denied in a final September 2022 Board decision.

CONCLUSION OF LAW

The criteria for dismissal of entitlement to temporary total evaluation for rotator cuff tendonitis beyond May 1, 2017 are met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

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.  Here, the Veteran filed a claim for a temporary total disability rating for a left shoulder in December 2016; a March 2017 rating decision granted a temporary total evaluation beginning December 7, 2016.  The Veteran filed a notice of disagreement in June 2017 and a September 2018 rating decision extended the Veteran's temporary total evaluation to May 1, 2017. The Veteran filed a notice of disagreement in September 2019. Following the issuance of a statement of the case in March 2022, the Veteran filed a VA Form 9 in April 2022, thereafter a September 2022 Board decision denied the Veteran's claim for an earlier effective date for the temporary total evaluation. Accordingly, there remains no issue of fact or law for the Board to decide and the appeal is dismissed. 

 

 

Jennifer White

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Wimbish, Associate Counsel

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.