---
kind: "section"
citation: "38 C.F.R. § 19.2"
title: "38"
number: "19.2"
heading: "Appellant's election for review of a legacy appeal in the modernized system."
url: "https://uscodex.org/cfr/38/19.2"
---

# §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)](#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)](/cfr/38/3.2400.md?p=b), where a claimant has not elected to participate in the modernized review system as provided in [paragraph (d)](#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](/cfr/38/part19.md) and [20](/cfr/38/part20.md).
- (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)](/cfr/38/3.2400.md?p=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](/cfr/38/20.202.md), or a review option in accordance with 38 U.S.C. [5108](/usc/38/5108.md) or [5104B](/usc/38/5104B.md), as implemented by [38 CFR 3.2500](/cfr/38/3.2500.md) and other applicable regulations. The election must be filed within the time allowed for filing a substantive appeal under [§ 19.52(b)](/cfr/38/19.52.md?p=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](/usc/38/7105.md), or a review option in accordance with 38 U.S.C. [5108](/usc/38/5108.md) or [5104B](/usc/38/5104B.md).

## Notes

### Amendments

[84 FR 177, Jan. 18, 2019]

### Authority

Authority: 38 U.S.C. 501(a), unless otherwise noted.

### Source

Source: 57 FR 4104, Feb. 3, 1992, unless otherwise noted.

### Amendments

[84 FR 177, Jan. 18, 2019]