Citation Nr: 21027206 Decision Date: 05/05/21 Archive Date: 05/05/21 DOCKET NO. 12-29 754 DATE: May 5, 2021 ORDER The claim for entitlement to a total disability rating for compensation due to individual unemployability due to service-connected disabilities (TDIU) under the legacy system is dismissed. FINDINGS OF FACT 1. On April 30, 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 March 2021 supplemental statement of the case, which continued the denial of a TDIU rating. 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 a TDIU rating were met on April 30, 2021. 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 November 1972 to March 1975. This matter is before the Board of Veterans' Appeals (Board) on appeal of an August 2012 rating decision. The Veteran filed his original claim for TDIU in February 2012. The Board denied entitlement to TDIU, along with the intertwined issue of entitlement to service connection for a psychiatric disorder, in February 2015. However, the United States Court of Appeals for Veterans Claims (Court) then granted a September 2016 joint motion for remand (JMR). The Board thereafter remanded the matters in May 2017, November 2018, and July 2020, for additional development to ensure compliance with the Court's order. In December 2020, the Veteran was granted service connection for major depressive disorder (later changed to bipolar disorder) with a staged evaluation effective December 15, 2010. The award of service connection for a psychiatric disorder constitutes a full award of the benefit sought and, accordingly, that issue is not presently before the Board. There has been substantial compliance with the prior remand directives and the issue of TDIU is again before the Board. See Stegall v. West, 11 Vet. App. 268 (1998). Entitlement to a TDIU rating 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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.205.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. Following development as directed in the July 2020 Board remand, an SSOC was issued on March 1, 2021, addressing the claim of entitlement to a TDIU rating. Thereafter, on April 30, 2021, the Veteran's opted into the AMA system by filing a VA Form 20-0996, Decision Review Request: Higher-Level Review from the March 2021 SSOC, specifically noting he was seeking a higher level of review by the agency of original jurisdiction for "Entitlement to TDIU." This effectively withdrew the pending appeal of this issue under the legacy system of appeals. 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 April 2021, opting-in from a March 2021 SSOC, specifically noting his appeal for "Entitlement to TDIU." 38 C.F.R. § 3.2400(c)(2), 19.2(d).2019. 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 a TDIU rating, and it is dismissed. A. P. SIMPSON Veterans Law Judge Board of Veterans' Appeals Attorney for the Board G. Wonderling, 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.