Citation Nr: 21062487 Decision Date: 10/07/21 Archive Date: 10/07/21 DOCKET NO. 17-40 335 DATE: October 7, 2021 ORDER The legacy appeal of the issue of entitlement to a compensable initial rating for residuals of traumatic brain injury (TBI), is dismissed. The legacy appeal of the issue of entitlement to a compensable initial rating for migraine headaches, is dismissed. FINDINGS OF FACT 1. In a June 2019 decision, the Board, in pertinent part, remanded the legacy appeal of the issues of entitlement to an initial compensable rating for residuals of TBI and an initial compensable rating for migraine headaches. 2. In September 2020, the Agency of Original Jurisdiction (AOJ) issued a Supplemental Statement of the Case (SSOC) denying entitlement to an initial compensable rating for residuals of TBI and an initial compensable rating for migraine headaches. 3. In October 2020, the Veteran opted into the modernized review system (and thereby withdrew his legacy appeal) by submitting a timely VA Form 20-0996, Request for a Higher-Level Review of the claims addressed in the September 2020 SSOC (noted above). CONCLUSIONS OF LAW 1. The Board does not have jurisdiction of the appeal of entitlement to an initial compensable rating for residuals of TBI. 38 U.S.C. § 7105, 38 C.F.R. §§ 3.2400, 3.2500, 3.2601, 19.2, 20.4, 20.104, 20.201, 20.202. 2. The Board does not have jurisdiction of the appeal of the issue of entitlement to an initial compensable rating for migraine headaches. 38 U.S.C. § 7105, 38 C.F.R. §§ 3.2400, 3.2500, 3.2601, 19.2, 20.4, 20.104, 20.201, 20.202. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran had active service from January 2003 to April 2003, and from May 2004 to November 2005. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a May 2014 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). In a June 2019 decision, the Board, in pertinent part, remanded the legacy appeal of the issues of entitlement to an initial compensable rating for residuals of TBI and an initial compensable rating for migraine headaches. Following the completion of this development, in a September 2020 rating decision, the AOJ granted an increased rating of 50 percent for migraine headaches, effective February 14, 2020, and granted an increased rating of 40 percent for residuals of a TBI with dizziness, effective February 28, 2020. Subsequently, in September 2020, the RO issued a SSOC, denying of entitlement to an initial compensable rating for residuals of TBI and an initial compensable rating for migraine headaches. On October 6, 2020, VA received a VA Form 20-0996, Decision Review Request: Higher Level Review (HLR), from the Veteran's attorney in response to the September 2020 SSOC denying of entitlement to an initial compensable rating for residuals of TBI and an initial compensable rating for migraine headaches. The RO has not yet issued a HLR decision for the issues specified on the Veteran's October 2020 HLR election form. As a HLR decision has not been issued, the Board cannot assume jurisdiction over the claims at this time. A. J. Spector Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Lent, Edward 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.