Citation Nr: 21064364 Decision Date: 10/19/21 Archive Date: 10/19/21 DOCKET NO. 03-26 210 DATE: October 19, 2021 ORDER The August 2021 Board decision vacating the January 2021 decision regarding the issues of entitlement to service connection for a gastrointestinal disorder, residuals of Giardia lamblia infection, and fracture of the body is vacated. The legacy appeals of the claims for entitlement to service connection for a gastrointestinal disorder, residuals of Giardia lamblia infection, and fracture of the body are dismissed. FINDINGS OF FACT 1. In the August 2021 Board decision vacating the January 2021 Board decision was in error. 2. Due to a timely post-supplemental statement of the case (SSOC) VA Form 10182 opt-in under the Appeals Modernization Act (AMA), the Board does not have jurisdiction to adjudicate the legacy appeals for entitlement to service connection for a gastrointestinal disorder, residuals of Giardia lamblia infection, and fracture of the body. CONCLUSIONS OF LAW 1. Vacatur of the Board's August 2021 order vacating the issues of entitlement to service connection for a gastrointestinal disorder, residuals of Giardia lamblia infection, fracture of the body is warranted. 38 U.S.C. §§ 7103(c), 7104(a); 38 C.F.R. § 20.904. 2. The Board lacks jurisdiction to consider the claims for service connection for a gastrointestinal disorder, residuals of Giardia lamblia infection, and fracture of the body. 38 U.S.C. § 7104 (a); 38 C.F.R. §§ 19.2, 20.1000. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty in the United States Army from January 1971 to June 1971. These matters come before the Board of Veterans' Appeals (Board) on appeal from a December 2002 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). In January 2021, the Board issued a decision that denied the claims for service connection for a gastrointestinal disorder, residuals of Giardia lamblia infection, and fracture of the body; and remanded the claims for service connection for an acquired psychiatric disorder and a kidney disorder. The Board also merged a separate appeal stream and remanded the claim for an increased rating for traumatic brain injury (TBI). The Veteran appealed the denied claims to the Court of Appeals for Veterans Claims (Court) and in May 2021, the parties submitted a Joint Motion for Partial Remand (JMPR) finding that the Board did not determine whether it had jurisdiction to review the Veteran's claims in light of his November 19, 2020 opt-in to the modernized review system under the AMA. In May 2021, the Court granted the JMPR, vacating the Board's decision denying the claims for service connection for gastrointestinal disorder, residuals of Giardia lamblia infection, and fracture of the body, and remanding the claims for consideration pursuant to the JMPR. In August 2021, the Board, in part, vacated the January 2021 decision denying the issues of entitlement to service connection for a gastrointestinal disorder, residuals of Giardia lamblia infection, and fracture of the body. However, since the Court had already vacated the January 2021 decision pertaining to these issues, the Board's August 2021 order was in error. The Board may vacate an appellate decision at any time on its own motion when a claimant has been denied due process of law or has been granted benefits based on false or fraudulent evidence. 38 C.F.R. § 20.1000. Accordingly, the August 2021 Board decision vacating the January 2021 decision denying the issues of entitlement to service connection for a gastrointestinal disorder, residuals of Giardia lamblia infection, and fracture of the body is vacated. Regarding the claims for service connection for a gastrointestinal disorder, residuals of Giardia lamblia infection, and fracture of the body, the Board does not have jurisdiction to adjudicate these matters. Specifically, on October 19, 2020, the RO issued a supplemental statement of the case (SSOC) addressing these issues. On November 19, 2020, the Veteran submitted a timely VA Form 10182, Notice of Disagreement, opting into the modernized review system under the AMA. The Veteran requested the evidence submission lane, which allowed him an additional 90 days to submit evidence for the Board's review. This form effectively removed these claims from the legacy appeals system and placed the appeal on the AMA docket. As such, the Board does not have jurisdiction to adjudicate these claims under the legacy appeals system and the claims must be dismissed. L. CHU Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. G. Alderman, 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.