Citation Nr: 21008621 Decision Date: 02/17/21 Archive Date: 02/17/21 DOCKET NO. 12-17 792 DATE: February 17, 2021 ORDER The legacy appeal seeking an initial evaluation in excess of 40 percent for service-connected complex partial seizures prior to March 6, 2014, is dismissed. The legacy appeal seeking a total evaluation based on individual unemployability due to service-connected disabilities (TDIU) prior to July 2, 2010, is dismissed. The legacy appeal seeking special monthly compensation (SMC) based on the need of aid and attendance of another person or at the homebound level prior to March 6, 2014, is dismissed. FINDING OF FACT Prior to the issuance of a decision on the appeal, the Veteran withdrew her legacy appeal seeking (1) an initial evaluation in excess of 40 percent for service-connected complex partial seizures prior to March 6, 2014, (2) a TDIU prior to July 2, 2010, and (3) SMC based on the need of aid and attendance of another person or at the homebound level prior to March 6, 2014, and elected to opt-in to the modernized review system under the Appeals Modernization Act (AMA) by filing a December 2020 VA Form 20-0996 Request for Higher Level Review in response to a November 2020 Supplemental Statement of the Case (SSOC). CONCLUSION OF LAW The criteria for withdrawal of the legacy appeals seeking (1) an initial evaluation in excess of 40 percent for service-connected complex partial seizures prior to March 6, 2014, (2) a TDIU prior to July 2, 2010, and (3) SMC based on the need of aid and attendance of another person or at the homebound level prior to March 6, 2014 have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from March 1995 to March 1999. This matter comes to the Board of Veterans' Appeals (Board) from a September 2010 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO) of the Veterans Benefits Administration (VBA), which is the Agency of Original Jurisdiction (AOJ). The Veteran expressed timely disagreement with this determination, and the present appeal ensued. These issues, among others, were previously before the Board in June 2016 and June 2019, when it was determined that remand was necessary to ensure that VA fulfilled its duty to assist the Veteran in substantiating her appeal. The Veteran’s appeal has been returned to the Board for further appellate consideration. 1. The legacy appeal seeking an initial evaluation in excess of 40 percent for service-connected complex partial seizures prior to March 6, 2014, is dismissed. 2. The legacy appeal seeking a TDIU prior to July 2, 2010, is dismissed. 3. The legacy appeal seeking SMC based on the need of aid and attendance of another person or at the homebound level prior to March 6, 2014, is dismissed. After the AOJ substantially completed the Board’s June 2019 remand directives, she and her private attorney were issued an SSOC in November 2020 which continued to deny her appealed issues. In December 2020, the Veteran’s attorney submitted a completed opt-in to the modernized review system under the AMA (VA Form 20-0996 Request for Higher Level Review) in response to the November 2020 SSOC. Accordingly, the Veteran's legacy appeal of these issues is withdrawn. As the Veteran withdrew her legacy appeal of these issues, the Board no longer has jurisdiction to adjudicate it, and it must be dismissed. It appears the AOJ has not yet acted on the Veteran’s request for higher level review, and the matter is REFERRED for consideration. Michael J. Skaltsounis Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Scott W. Dale, 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.