Citation Nr: 20043764
Decision Date: 06/29/20	Archive Date: 06/29/20

DOCKET NO. 19-19 955
DATE: June 29, 2020

ORDER

Entitlement to service connection for a low back disability is dismissed.

FINDING OF FACT

The Veteran has not perfected an appeal with respect to the issue of entitlement to service connection for a low back disability.

CONCLUSION OF LAW

The Board of Veterans’ Appeals (Board) lacks jurisdiction over the claim of service connection for low back disability, because the Veteran has not yet perfected an appeal.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Navy from November 1960 to September 1964.

On August 23, 2017, the President signed into law the Veterans Appeals Improvement and Modernization Act, Pub. L. No. 115-55, also known as the Appeals Modernization Act (AMA).  This law creates a new framework for Veterans dissatisfied with the Department of Veterans Affairs (VA’s) decision on their claim to seek review. 

In March 2018, the Veteran opted into the AMA review system by submitting a Rapid Appeals Modernization Program (RAMP) election form.  As such, in April 2018, the Veteran was notified that VA received his RAMP election and withdrew his appeal from the old “legacy” review process.  The RAMP election form advised him that by signing the form he was withdrawing all eligible pending compensation appeals in their entirety and that “I understand that I cannot return to the current (legacy) appeals system for the issues withdrawn.”

Thereafter, in a June 2018 rating decision, adjudicated under the AMA, the Agency of Original Jurisdiction (AOJ) denied the Veteran’s claim for service connection for a low back disability.  In that same month, the AOJ notified the Veteran and his representative that his claim had been denied and provided the AMA appeal options and forms the Veteran could elect if he disagreed with his claim.  In the present case, the Veteran submitted VA Form 21-0958, which is not a valid NOD under an AMA appeal.  This was despite the fact that the Veteran and his representative were provided the proper VA Form 21-4138 Statement in Support of Claim RAMP-Selection at the time he was notified of the denial of the June 2018 rating decision.  The AOJ provided a Statement of the Case in May 2019, and the Veteran submitted a timely VA Form 9.  Unfortunately, the Board does not have jurisdiction to review the claim as he withdrew from the legacy system and did not appeal the June 2018 rating decision by using VA Form 21-4138 Statement in Support of Claim RAMP-Selection.

The Board also acknowledges that a letter was sent to the Veteran in May 2020 indicating that his appeal was placed on the Board’s docket; however, those actions were in error and were premature because the Veteran did not properly appeal the June 2018 rating decision directly to the Board. 

The Board understands that this procedural history is confusing; however, it is bound by the law and is compelled by law to dismiss this claim for lack of jurisdiction.  The Veteran had one year from the June 2018 rating decision to file a valid appeal; however, he may still file a supplemental claim and submit new and relevant evidence for his claim for service connection of his low back disability.

 

 

H.M. WALKER

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	B. Jaigirdar, 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.