Citation Nr: 21004667
Decision Date: 01/27/21	Archive Date: 01/27/21

DOCKET NO. 18-47 406
DATE: January 27, 2021

ORDER

The legacy appeal claim of entitlement to a total disability rating due to individual unemployability (TDIU) is dismissed.

FINDING OF FACT

The Veteran timely opted into the Modernized Appeal system.

CONCLUSION OF LAW

The criteria for dismissal of the legacy appeal claim for entitlement to a TDIU have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from January 1963 to January 1967.  

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a June 2018 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).

By way of history, the Veteran filed a notice of disagreement with the June 2018 decision on August 3, 2018.  Subsequently the RO issued a statement of the case on September 25, 2018 and the Veteran appealed that decision in an October 4, 2018 VA Form 9.

In addition to the October 2018 Form 9, the Veteran submitted additional statements regarding the issue of entitlement to a TDIU in November 2018.  In response to this additional evidence, the RO issued a supplemental statement of the case in March 2019.  

In April 2019 the Veteran submitted a VA Form 10182, timely and properly electing to have his appeal decided in the modernized appeal system.  Despite this election, the Board issued a July 2019 decision in the legacy appeal system, which denied the Veteran’s claim for entitlement to a TDIU.  

The Veteran appealed that decision to the Court of Appeals for Veterans Claims (Court).  In August 2020, the Court granted the parties’ Joint Motion for Remand and vacated the Board’s July 2019 decision and remanded the issue back to the Board for further consideration.

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The Veteran’s election of the modernized system removed the claim from the legacy system.  Thus, the Board does not have the jurisdiction to adjudicate the claim in the legacy system.  As the Board does not have the jurisdiction to adjudicate the claim in the legacy system this appeal is being dismissed.  See 38 U.S.C. § 7105.

The Board notes that a decision on this issue in the modernized appeal system is forthcoming.

 

 

MICHAEL E. KILCOYNE

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	J. Uller, 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.