Citation Nr: 21067730
Decision Date: 11/05/21	Archive Date: 11/05/21

DOCKET NO. 17-49 954
DATE: November 5, 2021

ORDER

The legacy appeal for service connection for a right ear disorder is dismissed.

FINDING OF FACT

In December 2020, the Veteran filed a Department of Veterans Affairs (VA) Form 20-0999 Higher-Level Review Request, which opted the legacy appeal for service connection for a right ear disorder into the Appeals Modernization Act (AMA) and removed the legacy appeal from the Board of Veterans' Appeals (Board) jurisdiction.  

CONCLUSION OF LAW

The criteria for dismissal of the legacy appeal for service connection for a right ear disorder have been met.  38 U.S.C. § 7105; 38 C.F.R. §§ 20.104, 20.202, 20.205.  

REASONS AND BASES FOR FINDING AND CONCLUSION

This case involves a jurisdictional issue.  In October 2016, the Veteran filed a legacy supplemental claim to reopen service connection for a right ear disorder.  The notice of disagreement, statement of the case, and VA Form 9 followed.  In April 2019, the Board found that new and material evidence had been received to reopen service connection for a right ear cholesteatoma, and remanded for further development in the form of a VA medical opinion.  

In June 2020, the VA Regional Office (RO) issued a supplemental statement of the case denying service connection.  In July 2020, the attorney filed a VA Form 20-0999 Higher-Level Review Request, opting the legacy appeal for service connection for a right ear disorder into the AMA.  Although in August 2020 the Board issued a docketing letter with respect to the legacy appeal, the attorney reiterated in September 2020 correspondence that the Veteran had opted into the AMA.  

When the attorney completed the VA Form 20-0999 Higher-Level Review Request in July 2020, the Veteran's appeal was opted into the AMA.  Because the Veteran chose to opt-in to the AMA and selected an option that was at the VA RO level, the legacy appeal for service connection for a right ear disorder no longer remains, so must be dismissed.  38 U.S.C. § 7105; 38 C.F.R. §§ 20.104, 20.202, 20.205.   

 

J. PARKER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Smith, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.