Citation Nr: 21026443 Decision Date: 05/03/21 Archive Date: 05/03/21 DOCKET NO. 18-32 648 DATE: May 3, 2021 ORDER The legacy appeal as to entitlement to an increased rating in excess of 10 percent for the left knee degenerative joint disease prior to March 19, 2018, is dismissed. The legacy appeal as to entitlement to an increased rating in excess of 10 percent for the right knee degenerative joint disease prior to August 2, 2017, is dismissed. The legacy appeal as to entitlement to an increased rating in excess of 30 percent for posttraumatic stress disorder (PTSD) prior to August 26, 2016, is dismissed. The legacy appeal as to entitlement to a total disability rating based on individual unemployability (TDIU) prior to August 2, 2017, is dismissed. FINDING OF FACT The Veteran withdrew the legacy appeal, which consisted of the issues of TDIU and higher ratings for the right knee disability, left knee disability, and PTSD, when he opted in the Appeals Modernization Act (AMA) by submitting a timely May 2020 VA Form 10182 (Decision Review Request: Board Appeal (Notice of Disagreement)), following the April 2020 Supplemental Statement of the Case (SSOC). CONCLUSIONS OF LAW 1. The issue of an increased rating in excess of 10 percent for the left knee degenerative joint disease prior to March 19, 2018, is dismissed. 38 U.S.C. § 7105; 38 C.F.R. § 20.1302. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 2. The issue of an increased rating in excess of 10 percent for the right knee degenerative joint disease prior to August 2, 2017, is dismissed. 38 U.S.C. § 7105; 38 C.F.R. § 20.1302. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 3. The issue of an increased rating in excess of 30 percent for PTSD prior to August 26, 2016, is dismissed. 38 U.S.C. § 7105; 38 C.F.R. § 20.1302. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 4. The issue of a TDIU prior to August 2, 2017, is dismissed. 38 U.S.C. § 7105; 38 C.F.R. § 20.1302. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDING AND CONCLUSIONS The Veteran served on active duty from October 1963 to August 1967, January 1983 to May 1983, and March 1990 to November 2004. 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. In a November 2015 rating decision, the Department of Veterans Affairs (VA) Regional Office (RO), in part, denied higher ratings for the Veteran's service-connected right knee disability, left knee disability, and PTSD. The Veteran appealed that decision to the Board and in July 2019, the Board remanded the appeal, to include the issue of a TDIU as it was raised in part and parcel of the Veteran's increased rating claims. In April 2020, a SSOC was issued regarding the issues of a TDIU and higher ratings for the right knee disability, left knee disability, and PTSD. In May 2020, the Veteran filed a VA Form 10182, in which he selected "Direct Review by a Veterans Law Judge" under Board Review Option regarding the issues of a TDIU and higher ratings for the right knee disability, left knee disability, and PTSD. In a May 2020 statement, the Veteran specifically noted that he "wishes to have his claims reviewed by the Board under the [AMA]." In June 2020, the Board denied a TDIU and higher ratings for the right knee disability, left knee disability, and PTSD, despite the Veteran's election to opt into the AMA. In a December 2020 Order, the United States Court of Appeals for Veterans' Claims (Court) granted a Joint Motion for Remand (Joint Motion), vacating the June 2020 Board decision and remanding for additional proceedings. In the December 2020 Joint Motion, the parties found that in June 2020, the Board erred when it did not determine whether it had jurisdiction to review the Veteran's claims in light of his election to opt into the AMA. (Continued on the next page) In sum, in May 2020, the Veteran filed the VA Form 10182 and withdrew the legacy appeal. Therefore, as there remains no allegation of error of fact or law for appellate consideration, the legacy appeal is dismissed. Tiffany Dawson Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Castillo, 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.