Citation Nr: A25035598
Decision Date: 04/17/25	Archive Date: 04/17/25

DOCKET NO. 210422-155706
DATE: April 17, 2025

ORDER

Entitlement to a clothing allowance in calendar year 2020 for a left ankle brace is dismissed.

FINDING OF FACT

The Veteran filed two VA Form 10182 Notices of Disagreement regarding the claim for a clothing allowance in calendar year 2020 for a left ankle brace in January 2021 and April 2021. This concurrent review election created two appeal streams for the same issue.

CONCLUSION OF LAW

The criteria for dismissal of the claim for a clothing allowance in calendar year 2020 for a left ankle brace have been met. 38 U.S.C. § 7105 ; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran filed multiple appeals for the same issue. This appeal stream resulted from an April 2021 VA Form 10182 Notice of Disagreement. However, the Veteran also appealed this issue in a January 2024 VA Form 10182. Generally, the first appeal of an issue before the Board will be the appeal stream to survive. Thus, this appeal stream must be dismissed due to procedural error.

Under the AMA, concurrent or duplicate election is prohibited, meaning that once a claimant has filed for review through one option (i.e., higher-level review, supplemental claim, Board review), he cannot seek review under a different one, or in multiple ones, while that review is pending final adjudication. 38 C.F.R.  § 3.2500 (b). Here, the Veteran sought concurrent and duplicate review of the same issue.

Accordingly, this appeal was improperly docketed at the Board, therefore, the appropriate remedy is to dismiss this appeal due to procedural error. Id.; see Hall v. McDonough, 34 Vet. App. 329, 333 (2021) (The Board may not dismiss an improperly docketed appeal for lack of jurisdiction but is not precluded from dismissing it for other non-jurisdictional reasons such as a procedural defect-a violation of the claims processing rules).

The Veteran's claim will be addressed in a separate Board decision based upon the previously filed appeal stream. 

 

 

M. HYLAND

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Mariah N. Sim, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.