Appeals Modernization simplifies complex process allowing Veterans to choose one of three lanes




On Feb. 19, 2019, VA implemented the Veterans Appeals Improvement and Modernization Act of 2017 (AMA), transforming a historically complex appeals process into one that is simple, timely, and offers Veterans choice and control.

If you disagree with an initial claim decision you received after Feb. 19, 2019, you can now choose from one of three lanes to have the decision reviewed: (1) higher-level review (2) supplemental claim, or (3) appeal to the Board of Veterans’ Appeals (Board).

What are the three lanes?

  • Choose the higher-level review option if you don’t want to submit new evidence, but you think a mistake was made. A senior claims adjudicator will review your claim in an average of 125 days.
  • Choose the supplemental claim option if you want to submit new and relevant evidence. VA will assist you in gathering the evidence you identify. This option will take an average of 125 days.
  • Choose the Board appeal option if you want the Board to review your case.

Appealing to the Board

If you appeal to the Board, you will then choose one of three dockets: (1) direct review, (2) evidence submission, or (3) hearing request.

  • Choose the direct review option if you don’t want to submit new evidence or have a hearing. The Board will review only the evidence the local VA office considered. The Board will complete these cases in an average of 365 days.
  • Choose the evidence submission option if you want to submit additional evidence, but you don’t want a hearing. The Board will review the evidence the local VA office considered and any additional evidence that you submit within 90 days after VA’s receipt of your notice of disagreement. This option will take longer than one year.
  • Choose the hearing request option if you want a hearing with a Veterans Law Judge. After the hearing, the Veterans Law Judge will review the evidence the local VA office considered, as well as your hearing testimony and any additional evidence you submit the day of or within 90 days after your hearing. This option will take longer than one year.

For more information, please visit the Board’s website.

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Author

VAntagePoint Contributor

— VAntage Point Contributors provide insight and perspective on a wide range of Veterans issues. If you’d like to contribute a story to VAntage Point, learn how you can submit a guest blog at http://www.blogs.va.gov/VAntage/how-to-submit-a-guest-post/

Comments

  1. Don Crauswell    

    Why are REMANDED cases not a Priority? We have been waiting the longest, in some cases over 10 years.

  2. Edward zavasky    

    I am going to be 75 and I applied for raise from 70 percent to a higher rate for disability. I got the answer today. The f—– big boys knocked it to 50 percent how can that be

  3. Edward Greenberg    

    Did a higher level request. Told by this article that it takes 125 days. I’ve been waiting 210 days. Why can’t the VA
    do what it writes that it can do?

    Its sad that anything to do with the VA is never what they say it is.

    To me that’s lying. Tell it like it is or shut the hell up.

    1. Don Crauswell    

      The VA mus immediately add MGUS and Hypertension to the presumed list of illness’s caused by Agent Orange, I have out of pocket cost for Dr’s and treatment because the VA failed to diagnose or treat. KEEP your Promise and quit dragging your feet.

Comments are closed.