Citation Nr: 21005183 Decision Date: 01/29/21 Archive Date: 01/29/21 DOCKET NO. 17-36 203A DATE: January 29, 2021 ORDER Entitlement to an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD), depression, and anxiety, to include as due to a service-connected disability, is dismissed. FINDING OF FACT In September 2019, the Veteran submitted a VA Form 20-0995, Decision Review Request: Supplemental Claim, in which he requested that the claim for entitlement to service connection for an acquired psychiatric disorder be reviewed as a Supplemental Claim under the Appeals Modernization Act (AMA). CONCLUSION OF LAW The criteria for dismissal of the claim for entitlement to service connection for an acquired psychiatric disorder in the Legacy appeals system have been satisfied. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from November 1964 to November 1966, to include service in the Republic of Vietnam. His awards and decorations include the Combat Infantryman Badge, among others. This matter comes before the Board of Veterans’ Appeals (Board) from a June 2017 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). It was previously before the Board in January 2019, along with the additional claim of entitlement to service connection for a gastrointestinal/gastroesophageal disorder, where they were reopened and remanded for additional development. Subsequent to the Board’s remand, the Veteran was awarded service connection for chronic gastritis and gastroesophageal disease in July 2020. As this represented a full grant of the benefit sought on appeal, that issue is no longer on appeal. As to the Veteran’s remaining claim for an acquired psychiatric disorder, the Board finds that it no longer has jurisdiction to adjudicate the appeal and it must be dismissed. The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. 38 U.S.C. § 7105. The Board’s authority to review an adverse decision by the RO is initiated by the claimant submitting a notice of disagreement, which identifies the specific determination with which the claimant disagrees. Id.; 38 C.F.R. § 20.200. On August 23, 2017, the President signed into law the Veterans Appeals Improvement and Modernization Act, Pub. L. No. 115-55, also known as the AMA. 38 C.F.R. § 19.2(d). This law created a new framework for Veterans dissatisfied with the VA decision on their claim to seek review. The AMA became effective on February 19, 2019. Under the AMA, an appeal may come to the Board in three ways: (1) through a rapid appeals modernization program (RAMP) rating decision; (2) an appeal from a rating decision with a notification letter dated on or after February 19, 2019; or (3) an opt-in to the AMA after a Statement of the Case (SOC) or Supplemental Statement of the Case (SSOC) issued on or after February 19, 2019. See 38 C.F.R. § 3.2400(c)(1). In this case, and as noted above, the Board remanded the Veteran’s claim in January 2019. After an SSOC was issued by the RO in July 2020, the Veteran, submitted a timely VA Form 20-0995 Decision Review Request: Supplemental Claim in September 2020. Therefore, the matter has been withdrawn from the Legacy appeals system, and the AOJ must now adjudicate this issue under the AMA. See 38 C.F.R. § 3.2400(c)(2). Accordingly, the Board does not have jurisdiction to adjudicate the appeal under the Legacy system at this time, and the appeal as to the issue of service connection for an acquired psychiatric disorder is dismissed. Nathan Kroes Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board R. Scarduzio, 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.