Citation Nr: 21002086 Decision Date: 01/12/21 Archive Date: 01/12/21 DOCKET NO. 15-31 883 DATE: January 12, 2021 ORDER The Board’s December 10, 2020 decision denying an initial compensable rating for dermatophytosis, including onychomycosis, tinea pedis, and tinea cruris, is vacated. The Board’s December 10, 2020 decision granting an increased initial rating for bronchial asthma is vacated. The Board’s December 10, 2020 decision remanding the issue of entitlement to service connection for a bilateral foot disorder is vacated. The Board’s December 10, 2020 decision remanding the issue of entitlement to service connection for residuals of chondrosarcoma of the pelvis and left epididymal cyst is vacated. The Board’s December 10, 2020 decision remanding the issue of entitlement to service connection for a left knee disorder is vacated. The Board’s December 10, 2020 decision remanding the issue of entitlement to service connection for a right knee disorder is vacated. The Board’s December 10, 2020 decision remanding the issue of entitlement to service connection for bilateral shin splints is vacated. The Board’s December 10, 2020 decision remanding the issue of entitlement to a total disability rating based on individual unemployability (TDIU) is vacated. FINDING OF FACT Prior to the promulgation of a decision in this case, the Veteran elected consideration under the Appeals Modernization Act (AMA) for the issues listed above by filing a timely and valid VA form 10182 opting into the AMA system for each of these issues following the August 2020 Supplemental Statement of the Case. The Veteran’s election was not uploaded into VA’s claim processing system until after the Board had issued the December 2020 decision under the legacy appeals system. CONCLUSION OF LAW The criteria for vacating the December 10, 2020 Board decision are met. 38 U.S.C. § 7104; 38 C.F.R. § 20.1000. REASONS AND BASES FOR FINDING AND CONCLUSION On December 10, 2020, the Board of Veterans’ Appeals (Board) issued a decision which denied the Veteran’s claim seeking an increased rating for dermatophytosis, granted the claim seeking an increased rating for asthma, and remanded the claims seeking service connection for residuals of chondrosarcoma of the pelvis and left epididymal cyst, left and right knee disorders, bilateral shin splints, one or more bilateral foot disorders, and entitlement to TDIU. The Board may vacate an appellate decision at any time upon request of the appellant or his representative, or on the Board’s own motion, when an appellant has been denied due process of law or when benefits were allowed based on false or fraudulent evidence. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1000. In this case, VA received the Veteran’s timely and valid request to opt-in to the modernized review system, also known as the AMA. Before that request was uploaded to VA’s claim processing system, the Board issued the December 2020 decision under the legacy system. However, the December 2020 decision denied the Veteran his due process rights by failing to recognize the Veteran’s choice of appeals systems and the benefits afforded to him by the AMA system. Accordingly, the Board finds that it is proper to vacate the December 10, 2020 decision addressing the issues listed above. The Veteran’s AMA opt-in will now be processed, and a new Board decision will be issued under the AMA appeals system. K. J. ALIBRANDO Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board K. McDonald, 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.