C.F.R. » Title 38 » CHAPTER I—DEPARTMENT OF VETERANS AFFAIRS › PART 3—ADJUDICATION › Subpart D—Universal Adjudication Rules That Apply to Benefit Claims Governed by Part 3 of This Title

38 C.F.R. § 3.2400

Applicability of modernized review system

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) Applicability. The modernized review system defined in 38 CFR 19.2(b) applies to all claims, requests for reopening of finally adjudicated claims, and requests for revision based on clear and unmistakable error:

(1) For which VA issues notice of an initial decision on or after the effective date of the modernized review system as provided in 38 CFR 19.2(a); or

(2) Where a claimant has elected review of a legacy claim under the modernized review system as provided in paragraph (c) of this section.

(b) Legacy claims. A legacy claim is a claim, or request for reopening or revision of a finally adjudicated claim, for which VA provided notice of a decision prior to the effective date of the modernized review system and the claimant has not elected to participate in the modernized review system as provided in paragraph (c) of this section.

(c) Election into the modernized review system. For claims governed by this part, pursuant to election by a claimant, the modernized review system applies where:

(1) Rapid appeals modernization program election. A claimant with a legacy appeal elects to opt-in to the modernized review system on or after November 1, 2017, as part of a program authorized by the Secretary pursuant to section 4 of Public Law 115-55; or

(2) Election after receiving a statement of the case. A claimant with a legacy appeal elects to opt-in to the modernized review system, following issuance, on or after the effective date of the modernized system, of a VA Statement of the Case or Supplemental Statement of the Case, by filing for a review option under the new system in accordance with § 3.2500 on a form prescribed by the Secretary within the time allowed for filing a substantive appeal under 38 CFR 19.52(b) and other applicable provisions in part 19 of this chapter.

(d) Effect of election. Once an eligible claimant elects the modernized review system with respect to a particular claim, the provisions of 38 CFR parts 3, 19, and 20 applicable only to legacy claims and appeals no longer apply to that claim.

[84 FR 171, Jan. 18, 2019, as amended at 84 FR 4336, Feb. 15, 2019]
Notes of Decisions
Cited in 87 cases (41 in the last 5 years), 2019–2026 · leading case: Mattox v. McDonough, 56 F.4th 1369 (Fed. Cir. 2023).
Sort: Relevance Newest Treatment
Mattox v. McDonough, 56 F.4th 1369 (Fed. Cir. 2023). · cites it 5× “In addition, the court pointed out that 38 C.F.R. § 3.2400 (a) provides that the AMA applies to all claims “[f]or which VA issues notice of an initial decision on or af- ter the effective date of the modernized review system” or “[w]here a claimant has elected review of a legacy…”
190318-4830 (Board of Vet. App. 2019). · cites it 7× “§ 7104 , 7105 (2012); 38 C.F.R. §§ 3.2400 , 3.2500, 19.2 (2019).”
190907-29404 (Board of Vet. App. 2020). · cites it 5× “38 C.F.R. §§ 3.2400 , 3.2500(a)(1)(i), 3.”
Larry W. Mattox v. Denis McDonough (Vet. App. 2021). · cites it 5× “For example, section 3 of the AMA is entitled "Comprehensive Plan for Processing of Legacy Appeals and Implementing New Appeals System.”
190807-17504 (Board of Vet. App. 2020). · cites it 4× “§ 7105 (a) (2012); 38 C.F.R. §§ 3.2400 , 19.2, 19.20, 19.21, 19.”
191118-43962 (Board of Vet. App. 2020). · cites it 4× “38 C.F.R. §§ 3.2400 , 19.2. A legacy claim is a claim for which VA provided notice of an initial decision prior to the February 19, 2019 effective date of the AMA modernized review system.”
190605-16610 (Board of Vet. App. 2020). · cites it 3× “38 C.F.R. §§ 3.2400 , 3.2500, 19.2. 2. The Board lacks jurisdiction to consider the issue of service connection for tinnitus under the AMA.”
190814-20102 (Board of Vet. App. 2020). · cites it 3× “38 C.F.R. §§ 3.2400 , 19.2. Second, an AMA review can be triggered if a claimant elects to pursue an AMA review of his/her legacy claim after (s)he was furnished with a Statement of the Case (SOC) or a Supplemental SOC addressing the claim.”
James A. Godsey, Jr. v. Robert L. Wilkie (Vet. App. 2019). · cites it 2× “One of those regulations, 38 C.F.R. § 3.2400 , specifies that VAIMA does not apply to claims decided before February 19, 2019, unless the claimant elects to have the decision reviewed under the modernized system.”
Amanda Jane Wolfe & Peter E. Boerschinger v. Robert L. Wilkie (Vet. App. 2019). · cites it 2× “238 However, he seems to ignore his own regulation, 38 C.F.R. § 3.2400 , which delineates the standard for determining under which system—Legacy or AMA—to adjudicate a claim.”
190814-25677 (Board of Vet. App. 2019). · cites it 2× “2 ; 38 C.F.R. § 3.2400 . REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran had active service in the U.”
190325-6670 (Board of Vet. App. 2019). · cites it 2× “§ 7105 (a); 38 C.F.R. §§ 3.2400 , 19.2(d). REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran served on active duty in the Army from February 1966 to September 1973.”
Show all 87 citing cases →
— 38 C.F.R. § 3.2400(c)(2) — 2 cases
Perciavalle v. Collins (Fed. Cir. 2026).
Kernz v. Collins (Fed. Cir. 2026).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.