Citation Nr: 21062215 Decision Date: 10/06/21 Archive Date: 10/06/21 DOCKET NO. 09-12 820 DATE: October 6, 2021 ORDER The appeal of the claim under the Legacy Appeals System for compensation pursuant to 38 U.S.C. § 1151 for a disability of the bladder as a result of treatment by the VA in 2006 is dismissed. FINDINGS OF FACT 1. On March 16, 2021, the Board denied the appeal for compensation pursuant to 38 U.S.C. § 1151 for a disability of the bladder as a result of treatment by the VA in 2006 under the Legacy Appeals System. 2. At the time of the March 16, 2021 Board decision, the Veteran had made a timely election to opt-in to the modernized review system. Thus, the Board did not have jurisdiction to adjudicate the merits of the Veteran's appeal on March 16, 2021 under the Legacy Appeals System. 3. In an July 2021 Order, the United States Court of Appeals for Veterans Claims (Court) vacated the Board's March 2021 decision, and remanded the matter for proceedings consistent with the Joint Motion for Remand. CONCLUSION OF LAW There being no remaining justiciable case or controversy, the appeal of the claim for compensation pursuant to 38 U.S.C. § 1151 for a disability of the bladder as a result of treatment by the VA in 2006 under the Legacy Appeals System is dismissed. 38 U.S.C. §§ 511, 7104, 7105; 38 C.F.R. §§ 20.103, 20.104. REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran served on active duty from September 1951 to July 1955 in the United States Navy. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an October 2008 decision of the Department of Veterans Affairs (VA) Regional Office in Detroit, Michigan. In March 2010, the Veteran testified before the undersigned during a hearing at the VA Regional Office. A transcript of the hearing is included in the electronic claims file. The appeal of the claim under the Legacy Appeals System for compensation pursuant to 38 U.S.C. § 1151 for a disability of the bladder as a result of treatment by the VA in 2006 is dismissed. The Board is charged with making final decisions on all questions in a matter which, under 38 U.S.C. § 511(a), is subject to decision by the Secretary. 38 U.S.C. § 7104. One of the principal functions of the Board is to make determinations of appellate jurisdiction. 38 C.F.R. § 20.103. If the Board determines that it does not have jurisdiction over a case, the case may be dismissed. 38 U.S.C. § 7105; 38 C.F.R. § 20.104. Here, following a lengthy procedural history, the VA Regional Office issued a supplemental statement of the case in December 2020. In response to the supplemental statement of the case, the Veteran submitted a timely VA Form 10182 to opt into the AMA (Appeals Modernization Act) review system in January 2021. The submission, however, was not promptly uploaded to the claims file. In March 2021, unaware of the January 2021 submission, the Board denied the claim under the Legacy Appeals System. The Veteran appealed the Board's decision to the Court. In an July 2021 Order, the Court vacated and remanded the Board's March 2021 decision for proceedings consistent with a July 2021 Joint Motion for Remand. The Joint Motion explained that Board's decision was vacated due to its failure to address whether it had jurisdiction of the claim in light of the January 2021 opt-in. The Veteran's January 2021 AMA opt-in was valid, timely, and must be honored. 38 C.F.R. §§ 3.2400, 19.2, 19.52. The Board did not have jurisdiction to adjudicate the merits of the Veteran's appeal under the Legacy Appeals System following the receipt of this election form. The Veteran's claim will thus be processed under the modernized review system as elected. (Continued on the next page) In light of the July 2021 Order vacating the Board's March 2021 decision, there is no longer any case or controversy pending before the Board under the Legacy Appeals System. 38 U.S.C. §§ 7104, 7105; 38 C.F.R. § 20.103. It is a well-established judicial precedent that when there is no case or controversy, or when a once live case or controversy becomes moot, the Court lacks jurisdiction. See Bond v. Derwinski, 2 Vet. App. 376, 377 (1992). The Legacy appeal is thus dismissed. M. Tenner Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Smith, 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.