Citation Nr: A25035310
Decision Date: 04/16/25	Archive Date: 04/16/25

DOCKET NO. 241007-479844
DATE: April 16, 2025

ORDER

The claim for entitlement to service connection for right wrist condition is dismissed.

The claim for entitlement to service connection for right shoulder, degenerative arthritis, other than posttraumatic (previously claimed as right shoulder arthralgia) is dismissed.

FINDINGS OF FACT

1. The VA Form 10182 filed on October 2024 appealed the February and April 2017 rating decisions, which were final decisions, thus untimely. The claim for entitlement to service connection for right wrist condition is not properly before the Board.

2. The VA Form 10182 filed on October 2024 appealed the February and April 2017 rating decisions, which were final decisions thus untimely. The claim for entitlement to service connection for right shoulder, degenerative arthritis, other than posttraumatic (previously claimed as right shoulder arthralgia) is not properly before the Board.

CONCLUSIONS OF LAW

1. The criteria for dismissal of the claim for service connection for right wrist condition have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.1100(b).

2. The criteria for dismissal of the claim for service connection for right shoulder, degenerative arthritis, other than posttraumatic (previously claimed as right shoulder arthralgia) have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.1100(b).

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran honorably served on active duty in the United States Army from December 1983 to March 1992 and from August 2004 to August 2006.

The Board notes that the Veteran's claim for service connection for right wrist condition and right shoulder condition were denied in a February 2017 and an April 2017 rating decision, respectively. The Board notes that a timely notice of disagreement was never filed after those decisions were issued. Therefore, these decisions became final. In May 2024, the Veteran filed a supplemental claim regarding the claims for right wrist condition and right shoulder condition. The Department of Veterans Affairs (VA) Regional Office (RO) denied the Veteran's claims in October 2024. 

In October 2024, the Veteran filed a VA Form 10182, notice of disagreement and elected the direct review docket. The Board notes that the Veteran appealed the February 2017 and April 2017 rating decisions on the October 2024 VA Form 10182. The February 2017 and April 2017 rating decisions are final and thus may not be appealed on a VA Form 10182. There is no other indication of record that the Veteran intended to appeal any other decision. 

The Board finds that this matter was therefore improperly docketed. 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 decisions that were noted on the VA Form 10182 are final and there is no remaining question of law or fact for the Board to determine. The Veteran did not submit any indication that the VA Form 10182 was related to any other rating decision. Thus, the Board does not have jurisdiction to decide the issue. 

As such the claim for entitlement to service connection for a right wrist condition and service connection for a right shoulder, degenerative arthritis, other than posttraumatic previously claimed as right shoulder arthralgia are dismissed as a matter of law.

 

 

B. MULLINS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Counsel, H. Hailu

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.