Citation Nr: 25004835 Decision Date: 04/09/25 Archive Date: 04/09/25 DOCKET NO. 20-10 209A DATE: April 9, 2025 ORDER The legacy appeal pertaining to the issue of entitlement to a rating in excess of 60 percent for coronary artery disease for the purpose of accrued benefits is dismissed. FINDING OF FACT In March 2020, the Appellant, through her representative, submitted a timely and valid opt-in to the Appeals Modernization Act (AMA) review system via a VA Form 20-0996 request for Higher-Level Review within 60 days after issuance of a statement of the case (SOC) addressing the issue of entitlement to a rating in excess of 60 percent for coronary artery disease for the purpose of accrued benefits. CONCLUSION OF LAW The criteria for dismissal of the legacy appeal pertaining to the issue of entitlement to a rating in excess of 60 percent for coronary artery disease for the purpose of accrued benefits have been met. 38 U.S.C. § 7105; 38 C.F.R. §§ 3.2400(c)(2), 3.2500, 19.55. REASONS AND BASES FOR FINDING AND CONCLUSION The Appellant is the surviving spouse of the Veteran, who served on active duty from February 1970 to October 1971. The Veteran died in September 2011, and the Appellant has been substituted as VA claimant. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a rating decision issued in March 2018 by a Department of Veterans Affairs (VA) Regional Office (RO). On August 23, 2017, the President signed into law the Veterans Appeals Improvement and Modernization Act, Pub. L. No. 115-55 (codified as amended in scattered sections of 38 U.S.C.), 131 Stat. 1105 (2017), also known as the AMA. This law created a new framework for claimants dissatisfied with the VA's decision on their claim to seek review. A claimant with a pending legacy appeal may "opt in" to the AMA review system by filing the appropriate form for the desired AMA review option within 60 days of a legacy statement of the case (SOC) or supplemental statement of the case that is issued on or after February 19, 2019. See 38 C.F.R. §§ 3.2400(c)(2), 3.2500. 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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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. In this case, the rating decision on appeal was issued prior to implementation of the AMA on February 19, 2019, and the appeal was docketed under the legacy appeals system. On March 2, 2020, after issuance of a January 28, 2020, SOC and prior to the promulgation of a Board decision in the appeal, the Appellant, through her representative, submitted a completed VA Form 20-0996: Decision Review Request and opted in to have Higher-Level Review conducted by the RO under the framework established by the AMA. See 38 C.F.R. § 3.2400(c)(2). This serves to withdraw the current appeal and removes the appeal from the legacy appeal system in favor of adjudication under the framework established in the AMA. Notably, the record shows the RO accepted the Appellant's valid opt-in and re-adjudicated the issue in an AMA rating decision issued in November 2020. As the Appellant's legacy appeal was validly withdrawn through her March 2020 AMA opt-in, there are no allegations of errors of facts or law for consideration, and the Board has no jurisdiction over the legacy appeal. Accordingly, the legacy appeal pertaining to the issue of entitlement to a rating in excess of 60 percent for coronary artery disease for the purpose of accrued benefits is dismissed. M. M. Celli Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Skacel, Patrick T. 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.