Citation Nr: 21004635 Decision Date: 01/27/21 Archive Date: 01/27/21 DOCKET NO. 09-07 177A DATE: January 27, 2021 ORDER TO VACATE The Board of Veterans' Appeals (Board) may vacate an appellate decision at any time upon request of the appellant or his or her representative, or on the Board's own motion, when an appellant has been denied due process of law. 38 C.F.R. § 20.1000(a). In a November 9, 2020 Board Legacy decision, the Board, in pertinent part, granted an initial rating of 50 percent, but no higher, from April 26, 2001 for aseptic meningitis; an initial rating of 70 percent, but no higher, from February 28, 2005 for persistent depression with insomnia disorder; and denied entitlement to special monthly compensation (SMC) based on housebound status. There were additional dispositions in the Board’s November 2020 decision, but for the reasons below those dispositions are not being vacated or otherwise addressed herein. On September 24, 2020, prior to the November 9, 2020 Board Legacy decision, the Veteran filed VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement (NOD)), requesting Direct Review. 38 C.F.R. § 20.202. The Veteran specifically identified the issues being appealed as persistent depression with insomnia disorder, aseptic meningitis/Mollaret’s meningitis, and SMC. This NOD was in response to an August 20, 2020 supplemental statement of the case (SSOC) that continued the denials of claims relating to these matters. As the SSOC was issued after February 19, 2019 and the Veteran filed for a Veterans Appeals Improvement and Modernization Act, also known as the Appeals Modernization Act (AMA), review option in accordance with 38 C.F.R. § 3.2500 on a form prescribed by VA within 60 days following the SSOC, it is a valid opt-in to the AMA for these issues. 38 C.F.R. §§ 3.2400(c)(2), 19.52(b). Thus, the portion of the Board's November 2020 Legacy decision denying these claims was erroneously issued due to an administrative error. Accordingly, the portion of the Board's November 9, 2020 Legacy decision that granted an initial rating of 50 percent, but no higher, from April 26, 2001 for aseptic meningitis; an initial rating of 70 percent, but no higher, from February 28, 2005 for persistent depression with insomnia disorder; and denied entitlement to special monthly compensation (SMC) based on housebound status will be vacated, and a separate Board AMA decision for these issues will be entered as if the portion of the November 9, 2020 Board decision adjudicating these claims had never been issued. Jonathan Hager Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board C. D. Simpson, 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.