Citation Nr: 21032803 Decision Date: 05/28/21 Archive Date: 05/28/21 DOCKET NO. 16-48 629 DATE: May 28, 2021 ORDER As the legacy appeal has been withdrawn by opting into the modernized review system under the Appeals Modernization Act (AMA), the claim of entitlement to service connection for right shoulder disability, as residual of rotator cuff surgery, in the legacy appeal system is dismissed. As the legacy appeal has been withdrawn by opting into the modernized review system under the AMA, the claim of entitlement to service connection for right shoulder surgical scar in the legacy appeal system is dismissed. As the legacy appeal has been withdrawn by opting into the modernized review system under the AMA, the claim of entitlement to service connection for bilateral hearing loss in the legacy appeal system is dismissed. FINDING OF FACT Following VA's issuance of December 2020 supplemental statement of the case (SSOC) to the Veteran in his legacy appeal as to the claims of service connection for right shoulder disability, right shoulder surgical scar, and bilateral hearing loss, on December 16, 2020, the Veteran opted into the modernized, AMA, review system by submitting a VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement). CONCLUSIONS OF LAW 1. The criteria for dismissal of the legacy appeal of entitlement to service connection for right shoulder disability, due to the lack of Board jurisdiction, have been met. 38 U.S.C. § 7105; 38 C.F.R. §§ 3.2400, 19.55. 2. The criteria for dismissal of the legacy appeal of entitlement to service connection for right shoulder surgical scar, due to the lack of Board jurisdiction, have been met. 38 U.S.C. § 7105; 38 C.F.R. §§ 3.2400, 19.55. 3. The criteria for dismissal of the legacy appeal of entitlement to service connection for bilateral hearing loss, due to the lack of Board jurisdiction, have been met. 38 U.S.C. § 7105; 38 C.F.R. §§ 3.2400, 19.55. REASONS AND BASES FOR FINDING AND CONCLUSIONS The Veteran served on active duty from July 1980 to July 2000. These matters come before the Board on appeal from a rating decision of a Department of Veterans Affairs (VA) Regional Office (RO) issued under the legacy appeal system in May 2015. In December 2018, under the legacy appeal system, the Board remanded the issues of entitlement to service connection for right knee disability, right shoulder disability, right shoulder surgical scar, and bilateral hearing loss for additional development. During remand status, the RO granted service connection for right knee disability. See Grantham v. Brown, 114 F.3d 1156 (Fed. Cir. 1997) (noting that a grant of service connection extinguishes appeals before the Board). 1. Entitlement to service connection for right shoulder disability, as residual of rotator cuff surgery. 2. Entitlement to service connection for right shoulder surgical scar. 3. Entitlement to service connection for bilateral hearing loss. Issues 1-3: A rating decision was issued under the legacy system in May 2015 and the Veteran submitted a timely notice of disagreement. In September 2016, the agency of original jurisdiction (AOJ) issued a statement of the case (SOC). Following a December 2018 Board remand, the AOJ issued a December 2020 SSOC to the Veteran. The Veteran opted the claims into the modernized review system, also known as the AMA, by submitting a December 2020 VA Form 10182, Decision Review Request: Board Appeal, identifying the December 2020 SSOC and electing the hearing docket. In February 2021, the Board notified the Veteran that his AMA appeal was placed on the Board's hearing docket. See BVA Letter (February 2021). The Veteran's opt-into the modernized review system has the effect of withdrawing his legacy appeal. 38 C.F.R. § 3.2400(c)(2). 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. § 19.55. Withdrawal may be made by the appellant or by his or her authorized representative. 38 C.F.R. § 19.55. Here, in light of the specific withdrawal of the legacy appeal in favor of the AMA system, there remain no allegations of errors of fact or law for appellate consideration in connection with the legacy appeal. Accordingly, the Board does not have jurisdiction to review the issues of entitlement to service connection for right shoulder disability, right shoulder surgical scar, and bilateral hearing loss in the legacy system and they must be dismissed; however, the appeal under the AMA system remains active and will be addressed in a separate decision. C.A. SKOW Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Thaddaeus J. Cox, 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.