Citation Nr: 21002789
Decision Date: 01/14/21	Archive Date: 01/14/21

DOCKET NO. 15-00 661A
DATE: January 14, 2021

REMANDED

Entitlement to an increased initial evaluation for a right shoulder strain with a history of lymph node excision is remanded.

Entitlement to an increased initial evaluation for bilateral pes planus with plantar fasciitis of the left foot and a history of a right foot fracture is remanded.

Entitlement to an increased initial evaluation for hallux valgus of the right foot is remanded.

Entitlement to an increased initial evaluation for hallux valgus of the left foot is remanded.

Entitlement to an increased initial evaluation for a scar status post melanoma excision of the right upper extremity is remanded.

REASONS FOR REMAND

The Veteran served honorably on active duty in the United States Army from August 1990 to November 2012.  This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a February 2013 rating decision issued by a Regional Office (RO) of the Department of Veterans Affairs (VA).  

The Board previously remanded these matters in February 2019 for additional development.  The RO completed that development and issued a supplemental statement of the case and a rating decision pursuant to those directives in July 2020.  

Pertinent here, the appeal before the Board has up until this point been adjudicated under the legacy appeals system.  However, during the course of the appeal on August 23, 2017, the President signed into law the Veterans Appeals Improvement and Modernization Act, Pub. L. No. 115-55 (to be codified as amended in scattered sections of 38 U.S.C.), 131 Stat. 1105 (2017), also known as the Appeals Modernization Act (AMA).  This law creates a new framework for Veterans dissatisfied with VA’s decision on their claim to seek review.  

Pursuant to 38 C.F.R. § 3.2400(c)(2), appellants were permitted to “opt into” the modernized review system after receiving a statement of the case in accordance with 38 C.F.R. § 3.2500 on a form prescribed by the Secretary.  In September 2020, the Veteran submitted just such a prescribed form with his submission of VA Form 20-0996 (Decision Review Request: Higher-Level Review).  In that form, he explicitly referred to and sought review of all of the decisions identified in the July 2020 supplemental statement of the case.  As such, it appears that he submitted a valid opt-in form to the AMA system.  Upon remand, the RO should adjudicate these issues under the AMA in accordance with the Veteran’s request and, to the extent possible, close out the current legacy appeal. 

The matters are REMANDED for the following action:

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1. Adjudicate the issues identified in the July 2020 supplemental statement of the case in the AMA system pursuant to the Veteran’s September 2020 VA Form 20-0996.

2. To any extent necessary, close out the current legacy appeal issues.

 

 

M. Tenner

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	B. Whitelaw, 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.