Citation Nr: A25001925
Decision Date: 01/08/25	Archive Date: 01/08/25

DOCKET NO. 230313-330662
DATE: January 8, 2025

ORDER

The issue appealed in the March 2023 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement) is dismissed.

FINDING OF FACT

The March 2023 VA Form 10182 Decision Review Request: Board Appeal (Notice of Disagreement) failed to specifically identify a rating decision or appealable issue with which the Veteran disagreed.

CONCLUSION OF LAW

The criteria for dismissal of the issue appealed in the March 2023 VA Form 10182 Decision Review Request: Board Appeal (Notice of Disagreement) have been met.  38 U.S.C. §§ 7104, 7105; 38 C.F.R. § 20.104. 

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Army from June 1987 to June 1991.

The present appeal arises from a March 2023 VA Form 10182 Decision Review Request: Board Appeal (Notice of Disagreement).  The Veteran purports to disagree with and appeal a June 15, 2022 Rating Decision listing the issue of disagreement as "My 90% pay was awarded in June 2022 I didn't get paid for 90% until November 2022 Area of Disagreement: effective date, Pay for 90% was awarded in June and July 2022 but I didn't get paid for 90%."  For the reasons that follow, the Board finds that the Veteran's Notice of Disagreement does not meet the legal and regulatory criteria to trigger review by the Board.

Notices of disagreement are required to identify the specific determination with which the claimant disagrees.  38 U.S.C. § 7105(b)(2)(A); 38 C.F.R. § 20.202(a).  VA regulations further contemplate that appeals to the Board arise from decisions by an agency of original jurisdiction and direct that an application for review on appeal shall not be entertained unless it is in conformity with the requirements for a Notice of Disagreement.  38 U.S.C. §§ 7105, 7108; 38 C.F.R. §§ 20.104(c), 20.201.

Here, the Board finds that the March 2023 Notice of Disagreement failed to specify a rating decision or appealable issue with which the Veteran disagrees.  38 U.S.C. § 7105(b)(2)(A).  Significantly, the record does not contain a June 15, 2022 Rating Decision.  Rather, the Veteran filed an Intent to File a Claim on June 15, 2022, followed by a complete VA Form 21-526EZ.  In the one-year preceding the March 2023 VA Form 10182, three rating decisions were issued in October and November 2022 and February 2023.  Notably, the October 2022 Rating Decision awarded service connection for posttraumatic stress disorder (PTSD) with a 50 percent rating, effective June 15, 2022, continued the Veteran's 40 percent rating for fibromyalgia, and denied entitlement to individual unemployability.  With the award of 50 percent for PTSD, the Veteran's combined rating became 90 percent, effective June 15, 2022.  The Board does not find any apparent discrepancy in the payment of the Veteran's retroactive benefits.  See October 2022 Award Print.

The Board has attempted to ready the Veteran's contentions as liberally as possible, but concludes that no appealable decisions were rendered within the year preceding the Notice of Disagreement.

VA regulations and the laws from which they are derived clearly state that the Board may not review applications for appeal unless they meet the legal criteria.  38 U.S.C. § 7108.  Those criteria, as stated above, require that a NOD identify the decision with which the claimant is disagreeing.  38 U.S.C. § 7105(b)(2)(A); 38 C.F.R. § 20.202(a).  Here, the NOD failed to specifically identify an appealable issue or rating decision for which the Veteran is disagreeing.  Thus, the application for review is not in conformity with the legal requirements for an application for review and the appeal is dismissed.  38 U.S.C. § 7108.

 

 

RAY BARTO SLABBEKORN, JR.

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Regnart, Glenda M.

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.