Citation Nr: 21030220 Decision Date: 05/18/21 Archive Date: 05/18/21 DOCKET NO. 04-43 420 DATE: May 18, 2021 ORDER The legacy appeal with respect to the issue of entitlement to service connection for fibromyalgia, including as secondary to service-connected disabilities, is dismissed. FINDING OF FACT In response to the March 2021 Supplemental Statement of the Case, the Veteran filed an April 2021 VA Form 20-995, Decision Review Request: Supplemental Claim, in which she opted into the AMA system and selected the evidence submission docket. CONCLUSION OF LAW The Board does not have jurisdiction to address the legacy appeal with respect to the claim of entitlement to service connection for fibromyalgia, including as secondary to service-connected disabilities. 38 U.S.C. § 7105; 38 C.F.R. §§ 3.2400, 19.2, 19.55, 20.205. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service from December 1989 to September 1992. In a March 2020 Board Decision, the above-referenced claim was remanded to the RO for further evidentiary development and readjudication. As part of the remand, the Board directed the RO to seek clarification of the Veteran's representation with respect to the claim of entitlement to service connection for fibromyalgia. The RO sent a letter in compliance with that instruction. See March 2020 Development Letter. An attorney represents the Veteran with respect to other claims pending at VA. That attorney responded to the letter clarifying that he does not represent the Veteran on this claim. See April 2020 Correspondence from Representative. The Veteran did not respond to the letter and has not filed a VA Form 21-22 appointing any other representative with respect to this claim. Therefore, the Veteran is pro se (without representation) with respect to this claim. The AOJ conducted the requested development and issued a March 2021 SSOC. Within 60 days from the issuance of that SSOC, the Veteran opted the claim into the modernized review system, also known as the Appeals Modernization Act (AMA), by submitting an April 2021 VA Form 20-995, Decision Review Request: Supplemental Claim. 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 received within one year of the date of the notification of the underlying decision, or within 60 days from the issuance of the SSOC, whichever is later. See 38 C.F.R. § 3.2400(c)(2). Because the Veteran's April 2021 VA Form 20-995 was received within 60 days of the March 2021 SSOC, her request for Board review under the AMA meets the legal requirements for selecting the AMA review system. Her request must be honored. 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 19 and 20 pertaining to legacy appeals no longer apply to that claim. 38 C.F.R. § 3.2400(d). By submitting the April 2021 VA Form 20-995 (which explicitly indicated that her fibromyalgia claim was "being withdrawn from the legacy appeals process"), the Veteran effectively withdrew her appeal of the fibromyalgia claim from the legacy system. 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 it must be dismissed. MICHELLE L. KANE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Kerry Hubers 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.