Citation Nr: 21002292
Decision Date: 01/13/21	Archive Date: 01/13/21

DOCKET NO. 12-23 117
DATE: January 13, 2021

ORDER

The legacy appeal regarding a rating higher than 20 percent for spondylosis of the lumbosacral spine is dismissed.

FINDING OF FACT

On November 20, 2020, the Veteran, through his attorney, timely opted-in to the modernized review system by submitting a VA Form 20-0996, Decision Review Request: Higher-Level Review, in response to a November 2020 Supplemental Statement of the Case. 

CONCLUSION OF LAW

The criteria for dismissal of the legacy appeal regarding a rating higher than 20 percent for spondylosis of the lumbosacral spine have been met. 38 U.S.C. § 7105; 38 C.F.R. §§ 3.2400, 20.205. 

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from January 1973 to October 1975. In February 2020, the Board of Veterans’ Appeals (Board) remanded his increased rating claim for service-connected spondylosis of the lumbosacral spine to the agency of original jurisdiction (AOJ) for additional development. On remand, the AOJ increased the Veteran’s rating to 20 percent for the period prior to January 5, 2015, and denied a rating higher than 20 percent thereafter. The AOJ issued a Supplemental Statement of the Case (SSOC) in November 2020.

Under the Appeals Modernization Act, a claimant with a legacy appeal, such as the Veteran, may elect to opt-in to the modernized review system by submitting the appropriate review request form within 60 days of the issuance of an SSOC. 38 C.F.R. §§ 3.2400(c)(2), 19.52(b). The effect of such an election is to withdraw the appeal from the legacy system. Id. § 3.2400(d). 

On November 20, 2020, the Veteran, through his attorney, submitted a VA Form 20-0996, Decision Review Request: Higher-Level Review, in response to the November 2020 SSOC. He specifically noted his intent to opt-in to the modernized review system. The Board finds that he has satisfied the legal requirements for doing so, and his legacy appeal is effectively withdrawn. 

Accordingly, the Board no longer has jurisdiction to review the legacy appeal regarding entitlement to an increased rating for spondylosis of the lumbosacral spine. The appeal must be dismissed. 

 

 

KELLI A. KORDICH

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	D.Z. Wall, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.