Citation Nr: A21009840 Decision Date: 05/26/21 Archive Date: 05/26/21 DOCKET NO. 190703-23385 DATE: May 26, 2021 ORDER Entitlement to service connection for bursitis, right hip/thigh condition is dismissed. Entitlement to service connection for degenerative arthritis of the thoracolumbar spine (claimed as mid/lower back) is dismissed. Entitlement to service connection for left knee condition is dismissed. Entitlement to a compensable disability rating for shin splints, left lower extremity is dismissed. Entitlement to a compensable disability rating for shin splints, right lower extremity is dismissed. The issue of a proposed rating reduction for an evaluation of right knee retropatellar pain syndrome with degenerative changes from 40 percent to 10 percent is dismissed. FINDINGS OF FACT 1. The Veteran has not perfected an appeal in either the legacy or modernized system. 2. The Veteran submitted a statement in February 2021 indicating that she wished to withdraw all issues on appeal. CONCLUSIONS OF LAW 1. The Board lacks jurisdiction over the issue of service connection for bursitis, right hip/thigh condition. 38 U.S.C. § 7105; 38 C.F.R. § 20.204. 2. The Board lacks jurisdiction over the issue of service connection for degenerative arthritis of the thoracolumbar spine (claimed as mid/lower back). 38 U.S.C. § 7105; 38 C.F.R. § 20.204. 3. The Board lacks jurisdiction over the issue of service connection for left knee condition. 38 U.S.C. § 7105; 38 C.F.R. § 20.204. 4. The Board lacks jurisdiction over the issue of a compensable disability rating for shin splints, left lower extremity. 38 U.S.C. § 7105; 38 C.F.R. § 20.204. 5. The Board lacks jurisdiction over the issue of a compensable disability rating for shin splints, right lower extremity. 38 U.S.C. § 7105; 38 C.F.R. § 20.204. 6. The Board lacks jurisdiction over the issue of a proposed rating reduction for an evaluation of right knee retropatellar pain syndrome with degenerative changes from 40 percent to 10 percent. 38 U.S.C. § 7105; 38 C.F.R. § 20.204. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from December 1988 to August 1998. On August 23, 2017, the President signed into law the Veteran's 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, also known as the Appeals Modernization Act (AMA). This law creates a new framework for Veterans dissatisfied with the Department of Veterans Affairs (VA) decision on their claim to seek review. The appeal is dismissed. There are currently two different ways to perfect an appeal to the Board. First, there is the legacy system for VA decisions issued prior to February 19, 2019. Under the legacy system, the formality of perfecting an appeal to the Board is part of a clear and unambiguous statutory and regulatory scheme that requires the filing of a notice of disagreement (NOD), specifically VA Form 21-0958, issuance of a statement of the case (SOC), and filing of a formal appeal thereafter. 38 U.S.C. § 7105 (a); 38 C.F.R. §§ 19.20, 19.21, 19.22. Second, under the AMA, an appeal can be perfected simply by submitting an NOD using the appropriate form, VA Form 10182, directly to the Board. As above, the implementation date for the AMA is February 19, 2019 so the AMA only applies to VA decisions issued beginning February 19, 2019. For VA decisions prior to February 19, 2019, an appellant had the option to opt into VA's test program, RAMP, but the ability to do so was at specific times and by specific forms. A review of the record shows the Agency of Original Jurisdiction denied the Veteran's claims for service connection for bursitis, right hip/thigh condition; service connection for degenerative arthritis of the thoracolumbar spine (claimed as mid/lower back); service connection for left knee condition; a compensable disability rating for shin splints, left lower extremity and right lower extremity in a July 2018 rating decision. The AOJ then proposed to reduce the Veteran's right knee disability rating from 40 percent to 10 percent in August 2018. The Veteran filed VA Form 21-0958 in response to the AOJ's proposed rating reduction. Then, the Veteran submitted Form 10182 Notice of Disagreement under the AMA Hearing docket in July 2019 for the issues listed above. The Board acknowledged her election in September 2019. However, since the July 2018 decision predates the February 19, 2019 effective date for AMA cases and there is no indication that the Veteran has opted into RAMP at any time, the Board does not have jurisdiction. Rather, the Veteran should have filed VA Form 21-0958 which was indicated to the Veteran on the notice letter attached to the July 2018 rating decision. Turning to the issue of the August 2018 proposed rating reduction, a Veteran is entitled to appeal a rating decision of the agency of original jurisdiction within one year from the date that the agency mails the notice of the decision. 38 C.F.R. § 20.203. Here, the AOJ proposed a reduction of the Veteran's rating for right knee retropatellar pain syndrome. This was not a final decision. 38 C.F.R. § 3.105(e). As such, at the time that the Veteran filed her September 2018 VA Form 21-0958, that issue was not ripe for review by the Board. More importantly, the Veteran has requested withdrawal of all appeals, specifically indicating that she does not want the Board of Veterans' Appeals to take any action regarding the VA Form 10182 filed in July 2019. Thus, the appeals are dismissed. Jennifer White Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Mohammad Mahmoudi, 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.