Citation Nr: A25032003
Decision Date: 04/08/25	Archive Date: 04/08/25

DOCKET NO. 240923-476282
DATE: April 8, 2025

ORDER

The appeal for entitlement to a disability rating in excess of 20 percent for radiculopathy, sciatic nerve, left lower extremity is dismissed.

The appeal for entitlement to a disability rating in excess of 20 percent for radiculopathy, sciatic nerve, right lower extremity is dismissed.

The appeal for entitlement to a compensable disability rating for right lower extremity radiculopathy, femoral nerve is dismissed.

INTRODUCTION

The Veteran served on active duty in the U.S. Army from January 1987 to August 1990, from January to March 1991, and from March 1999 to August 2001.

The Board finds a brief analysis of the procedural history of the above-noted issues is warranted at the outset.  In October 2021, the Regional Office (RO) issued a rating decision which addressed the above-noted issues.  Thereafter, in June 2022 the Veteran submitted a VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement) (NOD), wherein he sought to appeal the claims in the Appeals Modernization Act (AMA) System.  He selected the Evidence Submission lane.  That appeal remains pending at this time.  However, following a recent September 2024 rating decision, which improperly readjudicated those issues the Veteran submitted a second VA Form 10182, NOD, wherein he sought to appeal the claims in the Direct Review lane.  

FINDING OF FACT

The Veteran did not timely modify his June 2022 NOD, and concurrent appellate review is prohibited.

CONCLUSIONS OF LAW

1.  The criteria for dismissal of appeal for entitlement to a disability rating in excess of 20 percent for radiculopathy, sciatic nerve, left lower extremity have been met.  38 U.S.C. § 7105; 38 C.F.R. § 3.2500, 20.202.

2.  The criteria for dismissal of appeal for entitlement to a disability rating in excess of 20 percent for radiculopathy, sciatic nerve, right lower extremity have been met.  38 U.S.C. § 7105; 38 C.F.R. § 3.2500, 20.202.

3.  The criteria for dismissal of appeal for entitlement to a compensable disability rating for right lower extremity radiculopathy, femoral nerve have been met.  38 U.S.C. § 7105; 38 C.F.R. § 3.2500, 20.202.

REASONS AND BASES FOR FINDING AND CONCLUSIONS

As noted above, the Veteran submitted a VA Form 10182 in June 2022 wherein he sought to appeal the above-noted issues.  Although a veteran may modify their NOD, and select an alternative lane, such modification must comply with 38 C.F.R. § 20.202.  This regulation indicates requests to modify a Notice of Disagreement must be made by completing a new Notice of Disagreement on a form prescribed by the Secretary, and must be received at the Board within one year from the date that the agency of original jurisdiction mails notice of the decision on appeal, or within 60 days of the date that the Board receives the Notice of Disagreement, whichever is later.  See 38 C.F.R. § 20.202(c)(2).  In this case, the Veteran's second VA Form 10182 NOD was received in September 2024, which was more than one year after the October 12, 2021, notification letter advising him of his October 2021 rating decision, and also more than 60 days after he submitted his initial VA Form 10182 in June 2022.  Pursuant to 38 C.F.R. § 3.2500(b), the adjudication of a claim or issue under concurrent review options is prohibited.  

Since it is clear the Veteran did not timely modify his initial appeal review option, and concurrent appellate review options are prohibited, the Veteran's September 2024 NOD must be dismissed as a matter of law.  

 

 

T. REYNOLDS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Fraser, Gordon

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.