Claim Raven explanation
What this means
This section determines whether a claim uses the modernized review system or remains in the legacy system. The date of the initial decision notice and any valid election into the modernized system matter.
The two systems use different forms, evidence rules, and review steps. The date you first filed a claim alone does not always establish the system, particularly when a legacy appeal was later opted into modernized review.
How this helps your claim
Before choosing an appeal form or deadline rule, identify the system shown by the decision and any election documents. That prevents using legacy procedures for a modernized decision or overlooking a valid opt-in.
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 its issue date.
- Check for a RAMP or other valid modernized-review election.
- Compare the current review instructions with the system that applies to the issue.
Identify the review system before choosing a form
Legacy and modernized review use different procedures, so the relevant decision and any election history need to be established first. A claim originally filed many years ago can later have a review history that requires more than the original filing date to understand.
Collect the initial decision notice, any Statement of the Case and any opt-in or election confirmation. Match them to the specific issue being reviewed. This avoids applying a modern evidence window to a legacy appeal or treating an old claim date as proof that every current issue remains legacy.
Can different issues have different procedural histories?
Yes. Issues in the same account can arise from different decisions or elections. Review each issue's documents rather than assuming one label governs the entire account. The applicable system determines which subsequent procedural references are relevant, so getting that first step right matters.
Official regulatory text
38 CFR § 3.2400
eCFR snapshot: September 3, 2026. Layout and spacing are adapted for reading. The full section and its tables are included below.
§ 3.2400 Applicability of modernized review system.
(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]
Related references
- 38 CFR § 3.2500: VA Decision Review Options and Continuous Pursuit
- 38 CFR § 4.1: What a VA disability rating measures
- 38 CFR § 3.159: VA duty to assist: records and examinations
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