---
kind: "section"
citation: "38 C.F.R. § 3.2400"
title: "38"
number: "3.2400"
heading: "Applicability of modernized review system."
url: "https://uscodex.org/cfr/38/3.2400"
---

# §3.2400. Applicability of modernized review system.

- (a) **Applicability.** The modernized review system defined in [38 CFR 19.2(b)](/cfr/38/19.2.md?p=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)](/cfr/38/19.2.md?p=a); or
  - (2) Where a claimant has elected review of a legacy claim under the modernized review system as provided in [paragraph (c)](#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)](#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](/cfr/38/3.2500.md) on a form prescribed by the Secretary within the time allowed for filing a substantive appeal under [38 CFR 19.52(b)](/cfr/38/19.52.md?p=b) and other applicable provisions in [part 19](/cfr/38/part19.md) 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](/cfr/38/part3.md), [19](/cfr/38/part19.md), and 20 applicable only to legacy claims and appeals no longer apply to that claim.

## Notes

### Amendments

[84 FR 171, Jan. 18, 2019, as amended at 84 FR 4336, Feb. 15, 2019]

### Authority

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

### Source

Source: 66 FR 18195, Apr. 6, 2001, unless otherwise noted.

### Amendments

[84 FR 171, Jan. 18, 2019, as amended at 84 FR 4336, Feb. 15, 2019]