Citation Nr: 21030885 Decision Date: 05/19/21 Archive Date: 05/19/21 DOCKET NO. 18-21 794 DATE: May 19, 2021 ORDER Entitlement to service connection for bilateral hearing loss is dismissed. Entitlement to service connection for tinnitus is dismissed. FINDINGS OF FACT 1. On August 7, 2018, the Veteran submitted an opt-in form to participate in the RAMP program. 2. The Veteran's RAMP opt-in form was accepted in November 2018 and the issue of entitlement to service connection for bilateral hearing loss and tinnitus were removed from the legacy appeal system. CONCLUSIONS OF LAW 1. The criteria for dismissal of entitlement to service connection for bilateral hearing loss have been met. 38 U.S.C. § 7104, 7105; 38 C.F.R. § 3.2400. 2. The criteria for dismissal of entitlement to service connection for tinnitus have been met. 38 U.S.C. § 7104, 7105; 38 C.F.R. § 3.2400. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran had active service from July 1978 to August 1984. Service Connection 1. Entitlement to service connection for bilateral hearing loss 2. Entitlement to service connection for tinnitus In a December 2015 rating decision, the Agency of Original Jurisdiction (AOJ) denied entitlement to service connection for bilateral hearing loss and tinnitus. The Veteran perfected a timely appeal in April 2018 after the AOJ issued the statement of the case in March 2018. The Veteran submitted a timely form in August 2018 to opt-in and request "Higher-Level Review" of all eligible issues on appeal under the Rapid Appeals Modernization Program (RAMP) that was implemented as part of the Veterans Appeals Improvement and Modernization Act of 2017 (Public Law 115-55), also known as the Appeals Modernization Act (AMA). On November 13, 2018, VA sent the Veteran and his representative a letter that acknowledged the Veteran's election to participate in RAMP and advised that the Veteran's claims for entitlement to service connection for bilateral hearing loss and tinnitus had been removed from the legacy appeals process and would be processed under RAMP. On November 21, 2018, the AOJ issued a rating decision that denied the Veteran's claims for entitlement to service connection for bilateral hearing loss. This was the higher-level rating decision issued under RAMP. On December 10, 2018, VA sent the Veteran a notice letter explaining the November 2018 rating decision and how to appeal it, requiring a response with the attached, pre-populated VA Form 21-4138 seeking appeal to the Board. The Veteran did not return this form or otherwise indicate a desire to appeal the November 2018 higher-level rating decision. In March 2021, the Veteran was afforded a Board hearing with a Veterans Law Judge. However, as the issues of entitlement to service connection for bilateral hearing loss and tinnitus were adjudicated under the RAMP process and removed from the legacy appeal system, and the Veteran did not appeal the higher-level rating decision issued in November 2018, the Board does not have jurisdiction to decide this appeal. Accordingly, the legacy appeal is dismissed. 38 C.F.R. § 3.2400. DAVID L. WIGHT Veterans Law Judge Board of Veterans' Appeals Attorney for the Board E. Miller, 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.