Citation Nr: 20031985
Decision Date: 05/06/20	Archive Date: 05/06/20

DOCKET NO. 18-42 850A
DATE: May 6, 2020

ORDER

The appeal is dismissed.

FINDING OF FACT

On October 15, 2018, prior to the Veteran’s death or the promulgation of a decision in the appeal, the Veteran executed a Rapid Appeals Modernization Process (RAMP) election form, which had the effect of withdrawing this pending appeal in favor of pursuing higher-level review.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant (or his or her authorized representative) have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

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.  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.205.  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 20.205.  In the present case, the Veteran executed a RAMP election form that was received by the Board on October 15, 2018, in favor of pursuing a new decision at the regional office level after higher-level review.  This form, by its terms, withdraws the pending eligible appeal in the legacy appeal system.  Hence, there remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeal, and it is dismissed.

The Board observes that the Veteran’s RAMP election began the process of pursuing a further decision at the regional office level that does not appear to have been completed.  In November 2018, it appears that the Veteran was notified that the pending appeal had been withdrawn and that a higher-level review was being conducted at the regional office level.  A few weeks later, the Veteran was notified that there had been an error in complying with VA’s duty to assist veterans in pursuing their claims in this case, and that additional evidence (in the form of an addendum VA opinion) and that an additional decision would be promulgated.  

The Veteran died in December 2018, and the Appellant (his surviving spouse) sought to be accepted as a substitute claimant.  The addendum opinion that VA determined was required was obtained in January 2019.  In November 2019, the Appellant was accepted as a substitute claimant.  Unfortunately, instead of receiving a decision from the regional office after the higher-level review discussed above, the claim was sent to this body for decision as if the RAMP election form had never been submitted.  

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Thus, it appears that, while the submission of the RAMP election form operated to withdraw this appeal in the legacy appeals system, the Appellant is entitled to the regional office level decision that the Veteran elected to receive when he submitted his October 2018 RAMP election form.    

 

THERESA M. CATINO

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Steven Johnston, Associate 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.