(a) Effective date. As used in this section, the effective date means February 19, 2019.
(b) Modernized review system. The modernized review system refers to the current statutory framework for claims and appeals processing, set forth in Public Law 115-55, and any amendments thereto, applicable on the effective date. The modernized review system applies to all claims, requests for reopening of finally adjudicated claims, and requests for revision based on clear and unmistakable error for which VA issues notice of an initial decision on or after the effective date, or as otherwise provided in paragraph (d) of this section.
(c) Legacy appeals. A legacy appeal is an appeal of a legacy claim, as defined in 38 CFR 3.2400(b), where a claimant has not elected to participate in the modernized review system as provided in paragraph (d) of this section. A legacy appeal is initiated by the filing of a Notice of Disagreement and is perfected to the Board with the filing of a Substantive Appeal pursuant to applicable regulations in accordance with 38 CFR parts 19 and 20.
(d) Election into the modernized review system. The modernized review system applies to legacy claims and appeals where:
(1) A claimant with a legacy claim or appeal elects the modernized review system pursuant to 38 CFR 3.2400(c)(1);
(2) A claimant with a legacy claim or appeal elects the modernized review system, following issuance, on or after the effective date, of a VA Statement of the Case or Supplemental Statement of the Case. The election is made by filing, on a form prescribed by the Secretary, an appeal in accordance with 38 CFR 20.202, or a review option in accordance with 38 U.S.C. 5108 or 5104B, as implemented by 38 CFR 3.2500 and other applicable regulations. The election must be filed within the time allowed for filing a substantive appeal under § 19.52(b); or
(3) VA issued notice of a decision prior to the effective date, and, pursuant to the Secretary's authorization to participate in a test program, the claimant elects the modernized review system by filing an appeal in accordance with 38 U.S.C. 7105, or a review option in accordance with 38 U.S.C. 5108 or 5104B.
(Authority: Pub. L. 115-55; 131 Stat. 1105; 38 U.S.C. 5104B, 5104C(a); 5108; 38 U.S.C. 7105)
[84 FR 177, Jan. 18, 2019]
Notes of Decisions
Cited in
322
cases (
37 in the last 5 years), 1972–2025 · leading case:
Myers v. Principi, 16 Vet. App. 228 (Vet. App. 2002).
Myers v. Principi, 16 Vet. App. 228 (Vet. App. 2002).
· cites it 2× “§ 4005 (d), (e) (1958); see 38 C.F.R. § 19.2 (1956) (providing no additional guidelines for application for review on appeal).”
David J. Harms v. R. James Nicholson, 20 Vet. App. 238 (Vet. App. 2006).
· cites it 2× “Although Deputy Vice Chairmen are members of the Board, 38 C.F.R. § 19.2 (2005), Mr. Pereles did not describe himself as a "Member of the Board.”
Monk v. Wilkie, 978 F.3d 1273 (Fed. Cir. 2020).
“38 C.F.R. § 19.2 . Veter- ans within the legacy system are authorized to “opt in” to the AMA system.”
Smith v. Derwinski, 1 Vet. App. 267 (Vet. App. 1991).
“” See also 38 C.F.R. § 19.2 (1990) (Board’s appellate jurisdiction includes claims involving waiver or recovery of overpayments).”
Thomas C. Leavey, Jr. v. Robert A. McDonald, 27 Vet. App. 226 (Vet. App. 2015).
· cites it 2× “The Secretary's regulation provides that a Board member "may also be known as a Veterans Law Judge," 38 C.F.R. § 19.2 , but members of the Board are appointed by the Secretary and thus are VA employees.”
190522-6035 (Board of Vet. App. 2019).
· cites it 10× “§ 5110 (2012); 38 C.F.R. §§ 19.2 , 3.157, 3.400 (2019). 2.”
190828-28367 (Board of Vet. App. 2020).
· cites it 3× “101 ; 38 C.F.R. §§ 19.2 , 3.2400 (2019). REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran served on active duty in the United States Army from November 2003 to November 2006, to include service in Kuwait/Iraq from January 2005 to January 2006.”
190730-14336 (Board of Vet. App. 2020).
· cites it 3× “38 C.F.R. § 19.2 (d). Accordingly, the January 2019 AMA rating decision considered the evidence of record as of the date VA received the RAMP election form.”
190710-11803 (Board of Vet. App. 2020).
· cites it 3× “38 C.F.R. § 19.2 (d) (2019). The Veteran selected the Direct Review by a Veterans Law Judge lane pursuant to the modernized review system.”
200131-60056 (Board of Vet. App. 2020).
· cites it 3× “18, 2019); 38 C.F.R. § 19.2 . The procedural history of this case is as follows: in November 2019, the Agency of Original Jurisdiction (AOJ) issued a rating decision that ultimately denied the Veteran’s claim.”
190321-4341 (Board of Vet. App. 2019).
· cites it 2× “18, 2019) (to be codified at 38 C.F.R. § 19.2 (d)). The Veteran served on active duty in the United States Marine Corps from November 1951 to November 1953.”
— 38 C.F.R. § 19.2(a) — 1 case
— 38 C.F.R. § 19.2(d) — 1 case
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