Claim Raven explanation
What this means
This rule distinguishes legacy appeals from the modernized review system and identifies permitted elections into modernized review. February 19, 2019 is the effective date used by this framework.
A legacy appeal ordinarily involves a Notice of Disagreement followed by a Substantive Appeal. A valid election into modernized review changes the procedures, so the original claim date alone does not tell you which rules now govern the issue.
How this helps your claim
Check the decision and election history before choosing a review form. If an opt-in followed a Statement of the Case, keep the notice and election receipt together to establish which process applies.
What to check in your records
Use your decision, examination reports, and relevant records to check the following points.
- Locate the initial decision notice and any Statement of the Case.
- Check whether a valid modernized-review election was filed.
- Compare the current appeal instructions with the system applicable to the issue.
Use the election history to identify the current system
A legacy issue can move into modernized review through an authorized election. That change affects forms, review steps and evidence rules. Keep the election and confirmation with the earlier appeal documents so the current procedure can be identified from the record.
The original claim date alone may not show the present system. Compare the decision notices, Statement of the Case and any later election for the particular issue. A general account label may not explain how another issue in the same file is being handled.
Does an old claim always remain a legacy appeal?
No. A valid election can change the applicable framework. The regulation describes when that can occur and how it is made. Do not assume a change happened simply because a modern form was viewed or discussed; look for the actual filing and its treatment by VA.
Official regulatory text
38 CFR § 19.2
eCFR snapshot: September 3, 2026. Layout and spacing are adapted for reading. The full section and its tables are included below.
§ 19.2 Appellant's election for review of a legacy appeal in the modernized system.
(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]
Related references
- 38 CFR § 19.52: Legacy Appeal Deadlines Explained
- 38 USC § 5108: New and relevant evidence for supplemental claims
- 38 USC § 7105: Filing a Board Appeal
- 38 USC § 5104B: The Law Behind Higher-Level Review
- 38 CFR § 3.2400: Modernized and Legacy VA Appeals Explained
- 38 CFR § 3.159: VA duty to assist: records and examinations
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