Citation Nr: 25005223
Decision Date: 04/17/25	Archive Date: 04/17/25

DOCKET NO. 16-30 457A
DATE: April 17, 2025

REMANDED

The appeal as to timeliness of the July 20, 2016 substantive appeal is remanded.

REASONS FOR REMAND

The Veteran had active service from August 1982 to January 2012.

This matter comes to the Board of Veterans' Appeals (Board) on appeal from a July 2016 decision from a Department of Veterans Affairs (VA) agency of original jurisdiction (AOJ). 

The appeal as to timeliness of the July 20, 2016 substantive appeal is remanded.

In a July 2016, the AOJ determined that the Veteran's July 2016 VA Form 9 "Appeal to Board of Veterans' Appeals" to appeal a December 2012 rating decision was not timely filed. See July 2016 Appeal Notification Letter. In March 2017, the Veteran filed a notice of disagreement as to the July 2016 decision as to the issue of timeliness. Upon review of the claims file, it appears VA has not issued a statement of the case for this appeal. Accordingly, remand is required for the AOJ to issue a statement of the case. 38 C.F.R. §§ 19.26, 19.30; Manlincon v. West, 12 Vet. App. 238, 240-41 (1999).

The matter is REMANDED for the following action:

Adjudicate the issue of the timeliness of the Veteran's July 2016 substantive appeal. If the appeal is denied, issue a statement of the case and duly notify the Veteran and his representative.

 

 

L. CHU

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	D. Shorafa

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.