Citation Nr: 21011203 Decision Date: 03/01/21 Archive Date: 03/01/21 DOCKET NO. 13-25 307 DATE: March 1, 2021 ORDER The legacy appeal regarding entitlement to service connection for post-traumatic stress disorder (PTSD) is dismissed. FINDINGS OF FACT 1. On January 6, 2021, the Agency of Original Jurisdiction (AOJ) furnished the Veteran with a Supplemental Statement of the Case (SSOC) with respect to the issue of service connection for PTSD. 2. On February 5, 2021 the Veteran timely opted into the Appeals Modernization Act (AMA) review system by submitting a VA Form 20-0995 (Decision Review Request: Supplemental Claim) for the issue of service connection for PTSD. CONCLUSION OF LAW The Board does not presently have jurisdiction to address the legacy appeal regarding entitlement to service connection for PTSD. 38 U.S.C. § 7105 (2012); 38 C.F.R. §§ 3.2400, 20.205 (2019). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in September 1999, from September 2006 to October 2006, from July 2009 to December 2009, and from August 2011 to May 2012. This matter come before the Board of Veterans’ Appeals (Board) on appeal from a September 2012 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). The claim was denied in a June 2015 Board decision. The Veteran appealed to the Court of Appeals for Veterans Claims (Court). The Court vacated the Board’s decision and granted a Joint Motion for Partial Remand (JMPR) in a November 2016 Order. Pursuant to the JMPR, the Board remanded the claim in March 2017. The claim was denied in an August 2017 Board decision. The Veteran again appealed to the Court. The Court vacated the Board’s decision in an April 2019 Memorandum Decision. Pursuant to the Memorandum Decision, the Board remanded the claim in August 2020. It is now before the undersigned. 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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.205.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. The AMA allows VA claimants with legacy appeals to opt into the modernized review system by requesting review of an SSOC issued on or after February 19, 2019 if the opt-in is elected on a form prescribed by VA for that purpose and is reviewed within one year of the notification of the underlying decision, or within 60 days from the issuance of the SSOC, whichever is later. 38 C.F.R. §§ 3.2400(c)(2), 3.2500. In the present case, as noted above, the Veteran was issued a SSOC on January 6, 2021 regarding the issue on appeal and provided 60 days to request to opt into the AMA. On February 5, 2021, the Veteran submitted the requisite form, VA Form 20-0995, Decision Review Request: Supplemental Claim, in order to opt into the AMA review system. 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 3, 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 20-0995, the Veteran effectively withdrew his appeal 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 and the claim must be dismissed. 38 U.S.C. § 7105; 38 C.F.R. §§ 3.2400, 20.205. Tiffany Dawson Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board I. Kerner, Associate 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.