Citation Nr: 21076347
Decision Date: 12/23/21	Archive Date: 12/23/21

DOCKET NO. 17-63 995
DATE: December 23, 2021

ORDER

The petition to reopen the claim for service connection for bilateral pes cavus is dismissed.

FINDINGS OF FACT

1. On August 11, 2018, the Veteran opted all eligible issues currently on appeal, which consisted of a petition to reopen a claim for service connection for bilateral pes cavus, into the Appeals Modernization Act (AMA) review system by submitting a RAMP Opt-In Election that selected the Supplemental Claim option.

2. The August 11, 2018, RAMP Opt-In Election, signed by the Veteran, stated that he was withdrawing all eligible pending compensation appeals in their entirety in order to participate in RAMP and his understanding that he could not return to the current (legacy) appeals system for the issues withdrawn. 

CONCLUSION OF LAW

The Board does not have jurisdiction to address the legacy appeal regarding the petition to reopen the claim for service connection for bilateral pes cavus.  38 U.S.C. § 7105; 38 C.F.R. §§ 3.2400, 20.205. 

REASONS AND BASES FOR FINDINGS AND CONCLUSION

The Veteran served on active duty from April 1971 to January 1975.  The Board thanks him for his service to our country.  

The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed.  38 U.S.C. § 7105.  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.205.  Withdrawal may be made by the appellant or by his or her authorized representative.  Id. 

In the present case, the Veteran had appealed the claim to reopen a claim for service connection for bilateral pes cavus in the legacy system.  On August 11, 2018, he submitted a RAMP Opt-In Election that elected the Supplemental Claim option.  The August 11, 2018, RAMP Opt-In Election, signed by the Veteran, stated that he was withdrawing all eligible pending compensation appeals in their entirety in order to participate in RAMP and his understanding that he could not return to the current (legacy) appeals system for the issues withdrawn. 

Thus, the Veteran withdrew this issue from the legacy system.  [The issue is currently being adjudicated in the new, AMA system, and an AMA decision on the issue will be provided to him in due course.] Accordingly, there remain no allegations of fact or law for appellate consideration under the legacy system and 

 

the Board does not have jurisdiction to review the legacy appeal.  The legacy appeal must therefore be dismissed. 

 

M. C. GRAHAM

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. Davitian, 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.