Citation Nr: 21030509 Decision Date: 05/19/21 Archive Date: 05/19/21 DOCKET NO. 17-20 999 DATE: May 19, 2021 ORDER Entitlement to an initial rating in excess of 50 percent for the period prior to September 10, 2015 for posttraumatic stress disorder (PTSD) is dismissed. Entitlement to an initial rating in excess of 70 percent for the period since September 10, 2015 for PTSD is dismissed. A rating greater than 10 percent for diabetic peripheral neuropathy of the right lower extremity is dismissed. A rating greater than 10 percent for diabetic peripheral neuropathy of the left lower extremity is dismissed. FINDINGS OF FACT The Veteran opted into the Appeals Modernization Act review system by submitting VA Form 10182 in response to a March 2020 Supplemental Statement of the Case and his claims were withdrawn from the legacy appeals system. CONCLUSIONS OF LAW As the matter is currently properly pending before the Board under the modernized appeal system, there remains no case or controversy under the legacy appeal system as to the claims for increased ratings for PTSD, peripheral neuropathy of the right lower extremity and peripheral neuropathy of the left lower extremity. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran had active service from July 1963 to July 1970. This appeal comes to the Board of Veterans' Appeals (Board) from September 2012 and September 2015 rating decisions by 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 (to be codified as amended in scattered sections of 38 U.S.C.), 131 Stat. 1105 (2017), also known as the Appeals Modernization Act (AMA). AMA became effective on February 19, 2019. Under AMA, an AMA appeal may come to the Board in two ways: (1) an appeal of a rating decision with a notification letter dated on or after February 19, 2019; or (2) an opt-in of an appeal from issuance of a statement of the case (SOC) or supplemental statement of the case (SSOC) under the Legacy appeals system issued on or after February 19, 2019. In January 2019, the Board, in pertinent part, denied the Veteran's claim seeking higher ratings for his PTSD. The Veteran appealed the denial of his claim to the United States Court of Appeals for Veterans Claims (Court). In December 2019, the Court granted a Joint Motion for Remand (JMR), vacating the Board's January 2019 decision and remanding the claim to the Board for readjudication consistent with the JMR. In January 2021, the Board remanded the claim for increased ratings for PTSD, as well as claims for higher ratings for diabetic peripheral neuropathy of the right and left lower extremities, for additional development under the legacy system. The Veteran was issued a SSOC in March 2020. The Veteran timely filed a valid VA Form 10182 and opted into AMA from the March 2020 SSOC. Therefore, the Board finds that the legacy appeal has been withdrawn. As there remains no questions of fact or law to be decided by the Board under the legacy system, the appeal is dismissed. The issues are currently before the Board under AMA and will be addressed in a separate decision. John J. Crowley Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Azizi, T. 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.