Vacatur of the Board's December 11, 2025, remand is granted.

Citation Nr: 26001383 Decision Date: 01/30/26 Archive Date: 01/30/26 DOCKET NO. 15-05 922 DATE: January 30, 2026 ORDER Vacatur of the Board's December 11, 2025, remand is granted. FINDING OF FACT As the Veteran submitted a November 2025 VA Form 10182, opting into the modernized appeals system (AMA), prior to the Board's December 2025 remand, the December 11, 2025, Board remand should be vacated. CONCLUSION OF LAW Vacatur of the Board's December 11, 2025, remand is warranted. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.904. REASONS AND BASES FOR VACATUR Unfortunately, the Veteran died during the pendency of this appeal in December 2020. Given such, prior to discussing the appeal at hand, the Board would be remiss if it did not recognize the Veteran's outstanding service. The Veteran had honorable active service with the United States Marine Corps from March 1975 to March 1995. He received the Navy Commendation Medal, Navy Achievement Medal, Kuwait Liberation Medal, Meritorious Mast, Meritorious Unit Commendation, Navy Unit Commendation, Good Conduct Medal with four stars, five Letters of Appreciation, and Southwest Asia Service Medal with two stars, as well as many other awards. He was clearly a credit to the Marine Corp and to his family, and his service to his country is greatly appreciated. Appellant is the Veteran's surviving spouse and has been deemed an eligible claimant for substitution by the Agency of Original Jurisdiction (AOJ). Vacatur The Board may vacate an appellate decision at any time upon request of the appellant or his or her representative, or on the Board's own motion, when an appellant has been denied due process of law or when benefits were allowed based on false or fraudulent evidence. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.904. On December 11, 2025, the Board issued a decision remanding claims for an increased rating for back conditions and a total disability rating based on individual unemployability (TDIU), based solely on the service-connected back conditions. However, prior to the Board's remand, the appellant submitted VA Form 10182, opting into the AMA system in November 2025. Unfortunately, at the time of the legacy decision, the opt-in request had not been uploaded to the Veteran's file from VA's Evidence Intake Center (EIC). Nonetheless, VA received the opt-in request prior to the decision. Given such, as the appellant opted into the AMA system prior to the decision, the claim should not have been remanded under the legacy system. (Continued on the next page) ? Accordingly, the December 11, 2025, Board remand is vacated. YVETTE R. WHITE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. Moore, Counsel The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.