Citation Nr: 21001708
Decision Date: 01/11/21	Archive Date: 01/11/21

DOCKET NO. 13-22 205A
DATE: January 11, 2021

ORDER

Entitlement to service connection for left hand strain is dismissed.

FINDING OF FACT

Prior to the issuance of a decision on the appeal, the Veteran withdrew her Legacy appeal and elected to opt-in to the modernized review system under the Appeals Modernization Act (AMA) by filing an November 2020 VA Form 20-0996 Request for Higher Level Review in response to a November 2020 Supplemental Statement of the Case (SSOC).

CONCLUSION OF LAW

The criteria for withdrawal of the Legacy claim for left hand strain are met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active service from September 1990 to May 1991 and from July 1991 to December 1993.  

This matter comes to the Board of Veterans’ Appeals (Board) on an appeal from a January 2010 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in St. Petersburg, Florida, the Agency of Original Jurisdiction (AOJ).  

This matter was previously before the Board in May 2018 when it was remanded with the Board finding the issue of service connection for a left-hand disorder was intertwined with the issue of service connection for a left shoulder disorder, which was also remanded.  The left-hand claim was therefore held in abeyance pending completion of further development of the left shoulder claim.  Hoyer v. Derwinski, 1 Vet. App. 208 (1991). 

This matter was again before the Board in August 2020 at which time the Board denied entitlement to service connection for a left shoulder disorder and remanded the claim for entitlement to service connection for a left-hand disorder.  The left-hand disorder claim was remanded because the March 2020 Supplemental Statement of the Case (SSOC) did not include that issue.  As such remand was required for issuance of an SSOC for the left-hand disorder claim, which was issued in November 2020.

Entitlement to service connection for left hand strain is remanded.

An SSOC was issued on November 2, 2020 pertaining to the denial of the Veteran’s claim.  On November 16, 2020, the Veteran elected to opt-in to the modernized review system under the AMA by submitting a VA Form 20-0996, Decision Review Request: Higher-Level Review in response to the November 2020 SSOC.  She was thereafter notified that her appeal under the Legacy system was withdrawn.  

As the Veteran has withdrawn her Legacy appeal, the Board no longer has jurisdiction to adjudicate it, and it must be dismissed.   

 

 

Michael J. Skaltsounis

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Debra B. McLoughlin, 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.