Citation Nr: 21075017 Decision Date: 12/17/21 Archive Date: 12/17/21 DOCKET NO. 13-10 397 DATE: December 17, 2021 ORDER The legacy appeal as to the issue of entitlement to service connection for an acquired psychiatric disorder, to include general anxiety disorder and major depressive disorder, is dismissed. FINDINGS OF FACT 1. On August 18, 2020, VA issued a Supplemental Statement of the Case addressing the issue of entitlement to service connection for an acquired psychiatric disorder. 2. On September 17, 2020, the Veteran timely opted into VA's modernized appeals system. 3. On October 28, 2020, the Board erroneously adjudicated the issue of entitlement to service connection for an acquired psychiatric disorder under VA's legacy appeals system. In June 2021, this decision was vacated by the CAVC. CONCLUSION OF LAW The criteria for dismissal of the legacy appeal as to the issue of entitlement to service connection for an acquired psychiatric disorder are met. 38 U.S.C. § 7105; 38 C.F.R. §§ 3.2400, 19.2, 20.202. REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran served on active duty in the United States Army from April 1979 to March 1980. In October 2018, the Board of Veterans' Appeals (Board) remanded the issues of entitlement to service connection for an acquired psychiatric disorder, entitlement to service connection for radiculopathy of the lower extremities, and entitlement to special monthly compensation (SMC) based on the need for regular aid and attendance or on account of being housebound. On August 18, 2020, an agency of original jurisdiction (AOJ) of the Department of Veterans Affairs (VA) issued a Supplemental Statement of the Case (SSOC) addressing the issues that the Board remanded in October 2018. On September 17, 2020, the Veteran filed a VA Form 10182 stating that he wished to opt into VA's modernized appeals system. The Veteran stated that he wished for all issues in the August 2020 SSOC to be adjudicated under VA's modernized appeals system (AMA). On October 28, 2020, the Board issued a decision and remand under VA's legacy appeals system. The decision did not address the September 2020 VA Form 10182. The October 2020 Board decision denied entitlement to service connection for an acquired psychiatric disorder and remanded entitlement to service connection for radiculopathy of the lower extremities and entitlement to SMC. The Veteran appealed the October 2020 Board decision and remand to the United States Court of Appeals for Veterans Claims (CAVC). In June 2021, the CAVC granted a Joint Motion for Partial Remand (JMPR) that vacated the October 2020 Board decision insofar as it denied entitlement to service connection for an acquired psychiatric disorder and remanded that matter to the Board. The CAVC explained that the Board did not address whether it had jurisdiction to review the claims under the legacy system, considering the September 2020 AMA opt-in. The Board agrees that it erred in denying entitlement to service connection for an acquired psychiatric disorder in October 2020, as the September 2020 AMA opt-in deprived the Board of jurisdiction to adjudicate that issue under the legacy appeals system. The Board will honor the September 2020 AMA opt-in and adjudicate the appeal under the AMA. Separately, the Board observes that the AOJ issued an SSOC addressing entitlement to service connection for radiculopathy of the lower extremities and entitlement to SMC on February 16, 2021, and on March 18, 2021 the Veteran timely opted into VA's modernized appeals system. These issues will also be addressed under the AMA. Thus, as there is no remaining issue of law or fact for Board review under VA's legacy appeals system, the legacy appeal is dismissed. S. BUSH Veterans Law Judge Board of Veterans' Appeals Attorney for the Board D.M. Badaczewski, 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.