This is not yet a final ruling on the RAMP/FDAP legal question — it is an order describing where the case stands and a joint motion for partial remand (JMPR) that the parties filed to send the case back to the Board on narrower grounds.
The case involves a veteran, Thad Furman, whose Board denial of service connection for bilateral ankle and knee disabilities was appealed. The Court had asked the parties to brief "whether the rules governing the FDAP apply to appeals that were opted in to RAMP before February 19, 2019, even if VA never implemented this program," and separately whether the 2018 RAMP opt-in letter adequately warned veterans that opting in would withdraw their appeal from the legacy process and forfeit VA's duty to assist at the Board stage. Oral argument on these questions was scheduled for June 24, 2026.
However, before that argument happened, the parties filed a JMPR on June 12, 2026, asking the Court to vacate the ankle and knee denials and remand them to the Board. The stated reason was narrower than the RAMP/FDAP question: the parties agreed "that a remand is warranted for the Board to provide an adequate statement of reasons or bases that addresses whether VA's duty to assist to obtain a VA examination was triggered at the time of a February 2019 rating decision and whether remand to the regional office (RO) to correct a duty-to-assist error is required."
What this means practically: the source text does not say that the Court ever ruled on the broader RAMP-versus-FDAP legal question, or on whether the 2018 RAMP opt-in letter was legally sufficient notice. That issue may have been sidestepped by the JMPR rather than decided. The text also does not state an effective date for any new rule, because no new rule was announced — this is a remand order sending one veteran's ankle and knee claims back to the Board for better reasoning on a duty-to-assist issue tied to a February 2019 rating decision.
If you opted into RAMP before February 19, 2019 and believe VA skipped a required medical examination or improperly treated your legacy appeal as withdrawn, this order shows that duty-to-assist and RAMP-notice issues are actively being litigated, but no binding precedent has emerged from this text. A veteran with a pending claim tied to a pre-2019 RAMP opt-in should keep records of the opt-in letter and any denied exam requests, and should not assume any new rule currently applies — instead, consult an accredited VA representative about whether a supplemental claim or appeal citing a duty-to-assist error is appropriate now.
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