Citation Nr: 21030997
Decision Date: 05/20/21	Archive Date: 05/20/21

DOCKET NO. 17-61 876
DATE: May 20, 2021

ORDER

Entitlement to service connection for left hip condition under the Legacy system is dismissed.

Entitlement to service connection for right hip condition under the Legacy system is dismissed.

FINDING OF FACT

On February 5, 2019, the Veteran opted into the modernized review system, also known as the Appeals Modernization Act (AMA), by submitting a Rapid Appeals Modernization Program (RAMP) election form and selecting the supplemental claim lane.

CONCLUSION OF LAW

The Board does not have jurisdiction to address the Legacy appeal regarding entitlement to service connection for left and right hip conditions. 

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from January 1981 to May 1981 and from December 1982 to January 1985.  The Department of Veterans Affairs (VA) agency of original jurisdiction (AOJ) issued an October 2016 rating decision under the Legacy appeal system.  This was followed by a May 2017 notice of disagreement, November 2017 statement of the case, and November 2017 substantive appeal.

On February 5, 2019, following invitation, the Veteran opted into the AMA by submitting a RAMP election form and selecting the supplemental claim lane.  The AOJ sent a March 2019 letter informing the Veteran that his bilateral hip condition claims had been withdrawn from the legacy system.  The AOJ then issued a RAMP supplemental claim decision in September 2019, denying service connection for left hip strain and right hip strain.  Due to an administrative error, the bilateral hip condition claims were not marked as having been removed from the legacy system, and a hearing before the Board of Veterans' Appeals (Board) under the legacy system was held in March 2021.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.205.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.  Id. 

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 3, 19, and 20 pertaining to Legacy appeals no longer apply to that claim.  38 C.F.R. § 3.2400(d).  By opting into RAMP, the Veteran withdrew his appeal from the Legacy system.  As such, there remain no allegations of errors of fact or law for appellate consideration under the Legacy system.  Accordingly, the Board does not have jurisdiction to review the Legacy appeal and the claims must be dismissed.  38 U.S.C. § 7105; 38 C.F.R. §§ 3.2400, 20.205.

 

 

WILLIAM H. DONNELLY

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	W. Ripplinger, 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.