BVA Case 10-0497: Back

,appeals through counsel a January 22,2010,Board of Veterans'Appeals (Board)decision that determined that new and material evidence had not been submitted sufficient to reopen the appellant's claim of entitlement to service connection for a right shoulder disability.

King had not submitted new and material evidence sufficient to reopen his claim for right shoulder injury.

King notification that the appeal period for his February 2005 claim had not expired and that he must submit new and material evidence for the RO to reconsider his claim.

King ,the RO determined that the evidence submitted was not new and material and continued its denial of Mr.

The Board concluded,in pertinent part,that new and material evidence had not been received to reopen Mr.

Whether the August 2005 Document Constitutes an NOD The appellant first argues that the Board erred when it determined that the January 2005 rating decision was final because,he argues,his representative's August 2005 letter should have been construed as a Notice of Disagreement (NOD)and not as a request to reopen his claim.

Furthermore,the Board 3 explained that the RO sent the appellant a letter on August 31,2005,notifying him that the appeal period for the January 2005 decision had not expired but the Board noted that nothing in the claim file following the issuance of that letter indicates a disagreement with that rating decision.

5108 (stating that [i]f new and material evidence is presented or secured with respect to a claim which has been disallowed,the Secretary shall reopen the claim and review the former disposition of the claim.