Boehringer v. Collins 23-7995

Added: 2026-04-30

Under 38 U.S.C. § 5110(a)(2)(D), filing a supplemental claim within one year of a Board decision constitutes continuous pursuit, allowing veterans to challenge effective dates. However, this rule applies only to claims adjudicated under the AMA system, not legacy claims. When a legacy Board decision becomes final (after the 120-day appeal period expires), the claim cannot be reopened through a supplemental claim to obtain AMA benefits like continuous pursuit. Congress provided specific opt-in mechanisms (38 U.S.C. § 2X5) for legacy claimants to enter the AMA system while their claims were pending, but these mechanisms do not apply after a legacy claim has become final.