Citation Nr: 21010938
Decision Date: 02/26/21	Archive Date: 02/26/21

DOCKET NO. 16-46 617
DATE: February 26, 2021

ORDER

Entitlement to service connection for a low back disability is dismissed.

FINDING OF FACT

In May 2019, in response to a May 2019 supplemental statement of the case (SSOC) denying the Veteran’s claim for service connection for a low back disability, he submitted a VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement).

CONCLUSION OF LAW

As the Veteran’s May 2019 AMA opt-in from the May 2019 SSOC withdraws his appeal for service connection for a low back disability from the legacy appeals process, the criteria for dismissal of the appeal have been met.  38 U.S.C. § 7105; 38 C.F.R. §§ 19.2, 20.202, 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active service with the Army from June 1967 to June 1973 and from August 1979 to January 1996.  

This matter is before the Board of Veterans’ Appeals (the Board) on appeal from an August 2015 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).

On August 23, 2017, the President signed into law the Veterans Appeals Improvement and Modernization Act, Pub. L. No. 115-55 (codified as amended in scattered sections of 38 U.S.C.), 131 Stat. 1105 (2017), also known as the Appeals Modernization Act (AMA).  This law creates a new framework for Veterans dissatisfied with the VA's decision on their claim to seek review.

An AMA appeal comes before the Board in one of three ways: 1) an appeal of a Rapid Appeals Modernization Program rating decision; 2) an appeal of a rating decision with a notification letter dated on or after February 19, 2019; or 3) an appeal of a statement of the case or supplemental statement of the case issued on or after February 19, 2019.  38 C.F.R. §§ 19.2, 3.2400.

In May 2019, the Veteran filed a VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), opting into the AMA from a May 2019 SSOC and requested the direct review lane.  

In August 2019, the Board denied entitlement to service connection for low back disability.  The Veteran subsequently appealed the August 2019 Board decision to the United States Court of Appeals for Veterans Claims (the Court). 

In a September 2020 order, the Court granted the parties’ Joint Motion for Remand (JMR), vacating the Board’s August 2019 decision regarding the denial of service connection for a low back disability, and remanded the appeal to the Board for readjudication consistent with the JMR.  The parties agreed that remand was warranted to determine whether the Board had jurisdiction to review the Veteran’s claim under the legacy system considering his election for review of the claim under the AMA.  

The Veteran’s AMA opt-in from the May 2019 SSOC withdraws his appeal for service connection for a low back disability from the legacy appeals process.  Accordingly, the Board has no jurisdiction to address the Veteran’s low back disability claim at this time and it must be dismissed.  

 

 

MICHAEL LANE

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	K.L. Byers

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.