Citation Nr: 21077147 Decision Date: 12/28/21 Archive Date: 12/28/21 DOCKET NO. 17-13 826 DATE: December 28, 2021 ORDER The claim for service connection for a heart disorder (claimed as an aortic ascending aneurysm) is dismissed. FINDINGS OF FACT 1. On November 22, 2021, prior to the promulgation of a decision in the appeal, the Veteran submitted VA Form 20-0996, Decision Review Request: Higher-Level Review, of a September 2021 supplemental statement of the case (received by the Veteran in October 2021), which continued the denial of service connection for a heart disorder. 2. Submission of VA Form 20-0996, Decision Review Request: Higher-Level Review withdraws a legacy appeal in favor of adjudication under the framework of the Appeals Modernization Act. CONCLUSION OF LAW The criteria for withdrawal of the legacy appeal of the issue of entitlement to service connection for a heart disorder were met on November 22, 2021. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran served on active duty from June 1973 to June 1993. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a September 2013 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). In August 2021, the Board remanded the claim for further development. Following development as directed in the August 2021 Board remand, the RO issued a supplemental statement of the case (SSOC) in September 2021, received by the Veteran in October 2021. In November 2021, the Veteran filed a VA Form 20-0996, Decision Review Request: Higher-Level Review of the September 2021 SSOC, specifically citing the aneurysm issue. This effectively withdrew the pending appeal of this issue under the legacy system of appeals. 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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.205.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 authorized representative. 38 C.F.R. § 20.205. On August 23, 2017, the President signed into law the Veterans Appeals Improvement and Modernization Act, also known as the Appeals Modernization Act (AMA). This law creates a new framework for Veterans dissatisfied with VA's decision on their claim to seek review. The Board is honoring the Veteran's choice to participate in AMA, as he elected the modernized review system by submitting VA Form 20-0996, Decision Review Request: Higher-Level Review in November 2021, opting-in from a September 2021 SSOC (received by the Veteran in October 2021), specifically noting his appeal for the aneurysm. 38 C.F.R. § 3.2400(c)(2), 19.2(d). When pending appeals are withdrawn, there is no longer an allegation of error of fact or law for appellate consideration. In such circumstances, dismissal of the appeal is appropriate. 38 U.S.C. § 7105 (d)(5). The Board does not have jurisdiction under the legacy system of appeals to review the claim of entitlement to service connection for a heart disorder (claimed as an aortic ascending aneurysm), and it is dismissed. JOHN Z. JONES Veterans Law Judge Board of Veterans' Appeals Attorney for the Board H. Ahmad 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.