Citation Nr: 21075252 Decision Date: 12/20/21 Archive Date: 12/20/21 DOCKET NO. 15-12 248A DATE: December 20, 2021 ORDER The legacy appeal for entitlement to an initial compensable rating for migraines, prior to October 2, 2013, and to a rating higher than 10 percent, thereafter, is dismissed. FINDINGS OF FACT 1. In October 2021, the agency of original jurisdiction (AOJ) furnished the Veteran a supplemental statement of the case (SSOC) with respect to the claim for entitlement to an increased rating for migraines. 2. In December 2021, the Veteran opted into the Appeals Modernization Act (AMA) review system by submitting a VA Form 20-0996 (Decision Review Request: Higher-Level Review). CONCLUSION OF LAW The Board does not have jurisdiction to address the legacy appeal for entitlement to an initial compensable rating for migraines, prior to October 2, 2013, and to a rating higher than 10 percent, thereafter. 38 U.S.C. § 7105; 38 C.F.R. §§ 3.2400, 20.205. REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran had active service from September 1967 to September 1974. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a November 2015 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). In September 2020, the Board denied this issue, which was appealed to the United States Court of Appeals for Veterans Claims (CAVC). Pursuant to a Joint Motion for Partial Remand, CAVC issued an April 2021 Order to vacate the September 2020 denial and remanded the underlying claim to the Board for readjudication. The September 2020 Board decision also remanded the issues of entitlement to an increased rating for senile cataracts and entitlement to a total disability rating based on individual unemployability (TDIU). In June 2021, the Veteran opted these two issues into the AMA. As such, these issues are no longer before the Board under the legacy system. In September 2021, the Board remanded this claim for additional development. Entitlement to an initial compensable rating for migraines, prior to October 2, 2013, and to a rating higher than 10 percent, thereafter. The Veteran seeks entitlement to an increased rating for his migraines. The AMA became effective February 19, 2019. This law creates a new framework for veterans dissatisfied with VA's decision on their claim to seek review and is applicable to all claims initially decided on and after that date. A legacy appeal is one based on a decision issued prior to the effective date of the AMA. A veteran may, under certain circumstances, opt to elect consideration of a legacy appeal under the AMA provisions. 38 C.F.R. § 3.2400. The AMA allows VA claimants with legacy appeals to opt into the modernized review system by requesting review of a supplemental statement of the case issued on or after February 19, 2019 if the opt-in is selected on a form prescribed by VA for that purpose and is received within one year of the date of the notification of the underlying decision, or within 60 days from the issuance of the supplemental statement of the case, whichever is later. See 38 C.F.R. § 3.2400 (c)(2). In the present case, the Board last remanded this issue in September 2021 for further development. In October 2021, the RO furnished the Veteran a supplemental statement of the case with respect to this issue. In December 2021, the Veteran opted into the AMA review system by submitting a VA Form 20-0996. The December 2021 VA Form 20-0996 was clearly received within 60 days of the October 2021 supplemental statement of the case. As such, his request for Higher-Level Review satisfies the legal requirements for opting into the AMA review system; that request must be honored. Under the law, once an eligible claimant elects the modernized review system with respect to a particular claim, the provisions of 38 C.F.R. Parts 19 and 20 pertaining to legacy appeals no longer apply to that claim. 38 C.F.R. § 3.2400 (d). By submitting the VA Form 20-0996, the Veteran effectively withdrew his appeal for this issue from the legacy system. As such, there remain no allegations of errors of fact or law for appellate consideration under that system. Accordingly, the Board does not have jurisdiction to review the legacy appeal for this issue and it is dismissed. This dismissal only pertains to this appeal as certified to the Board under the legacy system and has no bearing on any pending AMA appeal. TANYA SMITH Veterans Law Judge Board of Veterans' Appeals Attorney for the Board L. Andersen, 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.