Citation Nr: 23027140 Decision Date: 05/07/23 Archive Date: 05/07/23 DOCKET NO. 19-25 343 DATE: May 7, 2023 ORDER The claim for entitlement to a disability rating in excess of 10 percent for bilateral pes planus with plantar fasciitis prior to July 12, 2019, under the legacy system, is dismissed. FINDINGS OF FACT 1. On July 14, 2020, prior to the promulgation of a decision in the appeal, the Veteran submitted VA Form 10182, Notice of Disagreement, following a June 2020 Supplemental Statement of the Case (SSOC), which continued the denial of an initial increased disability rating prior to July 12, 2019, where she identified she was appealing the claim for an initial increased rating for the service-connected bilateral pes planus with plantar fasciitis. 2. Submission of VA Form 10182, Notice of Disagreement withdraws a legacy appeal in favor of adjudication under the framework of the Appeals Modernization Act. CONCLUSION OF LAW The criteria for withdrawal of the legacy appeal of the issue of entitlement to an initial increased a disability rating in excess of 50 percent for bilateral pes planus with plantar fasciitis prior to July 12, 2019 were met on July 14, 2020. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran served on active duty from August 1993 to August 1997. This matter comes before the Board from a May 2018 rating decision, which granted service connection for left and right foot pes planus with plantar fasciitis with a disability rating of 0 percent disabling from November 21, 2017. In a July 2019 rating decision, the Regional Office (RO) found that a clear and unmistakable error was found and a retroactive increased disability rating to 10 percent disability was established from November 21, 2017. In a February 2020 rating decision, the RO increased the Veteran's disability rating to 50 percent from July 12, 2019. In June 2020, the Veteran's claim was again denied in an SSOC. In response to the June 2020 SSOC, the Veteran submitted a VA Form 10182, Decision Review Request: Board Appeal, opting out of the legacy appeals system, and into the Appeals Modernization Act (AMA). The claim for entitlement to a disability rating in excess of 10 percent for bilateral pes planus with plantar fasciitis prior to July 12, 2019, under the legacy system 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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.205.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. 38 C.F.R. § 20.205. On August 23, 2017, the President signed into law the Veterans Appeals Improvement and Modernization Act, also known as the AMA. This law creates a new framework for Veterans dissatisfied with VA's decision on their claim to seek review. A SSOC was issued on June 22, 2020, addressing the Veteran's claim of entitlement to an initial increased rating for bilateral pes planus with plantar fasciitis. Thereafter, on July 1, 2020, the Veteran opted into the AMA system by filing a VA Form 10182, Decision Review Request: Board Appeal from the July 2020 SSOC. The Board notes that the "Check this box if any issue listed below is being withdrawn from the legacy appeals process: Opt-In from SOC/SSOC" field on the AMA form was not selected and the Veteran's representative submitted a July 2021 informal hearing presentation. Thus, as the Veteran filed a timely VA Form 10182, Decision Review Request in July 2020 in response to the June 2020 SSOC, and, as result, opted in to the AMA system, she effectively withdrew her legacy appeal as to the issue previously on appeal in the legacy system of an entitlement to an initial increased disability rating in excess of 10 percent for bilateral pes planus with plantar fasciitis prior to July 12, 2019. The Board is honoring the Veteran's choice to participate in AMA, as she elected the modernized review system by submitting VA Form 10182, Decision Review Request in October 2022, opting-in from the June 2020 SSOC. 38 C.F.R. § 3.2400(c)(2), 19.2(d). When pending appeals are withdrawn, there is no longer an allegation of error of fact or law for appellate consideration. In such circumstances, dismissal of the appeal is appropriate. 38 U.S.C. § 7105(d)(5). Therefore, the Board does not have jurisdiction under the legacy system of appeals to review the claim of entitlement to an initial increased disability rating in excess of 10 percent for bilateral pes planus with plantar fasciitis prior to July 12, 2019, and the claim is dismissed. A. P. SIMPSON Veterans Law Judge Board of Veterans' Appeals Attorney for the Board N. Griffin, 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.