Citation Nr: 24010751 Decision Date: 03/06/24 Archive Date: 03/06/24 DOCKET NO. 19-36 413A DATE: March 6, 2024 REMANDED Entitlement to an effective date earlier than October 23, 2017, for the award of service connection for a left thumb disability is remanded. REASONS FOR REMAND The Veteran served on active duty from November 1988 to January 1991. This appeal is before the Board of Veterans' Appeals (Board) from a December 2018 rating decision from a Department of Veterans Affairs (VA) Regional Office (RO). The Appeals Modernization Act (AMA) went into effect on February 19, 2019, requiring that veterans file a VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement) to seek review of rating decisions issued on or after February 19, 2019. Rating decisions that were issued prior to February 19, 2019, are "legacy" decisions. See Hall v. McDonough, 34 Vet. App. 329, 331. As the December 2018 rating decision was issued prior to February 19, 2019, it is deemed a legacy decision and it must therefore be adjudicated according to the rules that apply to the legacy review system. In December 2019, the Veteran filed a VA Form 10182, seeking review of the December 2018 rating decision regarding the issue of an earlier effective date for the award of service connection for a left thumb disability, and requested the claim be placed on the hearing docket. 38 C.F.R. §§ 20.202(b)(3); 20.302(a)(3). However, as the December 2018 rating decision was issued prior to February 19, 2019, it is a legacy decision. In Hall, the United States Court of Appeals for Veterans Claims (Court) held that the regulatory requirement that a notice of disagreement be filed on a specific form was not jurisdictional in nature. 34 Vet. App. at 330. The Court characterized errors with submitting the proper appeal form as defects in compliance with "claims-processing rules," a type of procedural defect as opposed to a jurisdictional bar. Here, the Board accepts the Veteran's December 2019 VA Form 10182 as an effectual notice of disagreement to the December 2018 rating decision under the legacy system and the Veteran's appeal has been docketed under the legacy system. Thus, the Board has jurisdiction to adjudicate this matter for the limited purpose of remanding for the issuance of a Statement of the Case. Accordingly, under the legacy system, the RO is required to issue a Statement of the Case (SOC) in response to a properly filed notice of disagreement. See 38 C.F.R. § 19.30; see also Hall, supra; Manlincon v. West, 12 Vet. App. 238, 240-41 (1999). To date, the RO has not yet issued a SOC addressing the issue of an earlier effective date for the award of service connection for a left thumb disability. As the RO has not issued a SOC in response to a notice of disagreement under the legacy system, the Board must remand the claim to the RO to prepare and issue a SOC. See 38 C.F.R. § 20.904(c); see also Hall, supra.; Manlincon v. West, 12 Vet. App. 238, 240-41 (1999). The matter is remanded for the following actions: 1. Prepare and issue an SOC that addresses the issue of entitlement to an effective date earlier than October 23, 2017, for the award of service connection for a left thumb disability. 2. If the benefits sought are denied, the Veteran and his representative should be sent notice of his options for appeal. 3. If the Veteran perfects an appeal of the issues in a timely fashion, return the case to the Board for appellate review, as appropriate. Tracie N. Wesner Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Masters, Tyler 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.