In August 2017,
Congress passed the
Veterans Appeals Improvement and Modernization Act of 2017
to reform the VA appeals system.
The current system has a backlog
that leaves veterans waiting for a decision
for an average of 3 years
waiting 5-7 years if the case is appealed
to the Board of Veterans’ Appeals.
Since the Appeals Modernization Act, or AMA,
was signed into law,
the VA is calling the current, soon to be old, appeals system
“The Legacy system.”
It’s not totally clear what VA will call
the new appeals system.
So far, we’ve heard
Appeals Modernization,
AMA,
The New Appeals System,
and Appeals Reform.
The new system went into full effect
on February 19, 2019
all rating decisions issued on or after that date
will be processed in the new system.
So how does this new appeals process work?
When you file a disability claim with VA,
they review the evidence and make a decision.
If VA denies your claim,
you may choose to appeal the decision.
That’s where the new process comes in.
VA used to have a one-size- fits-all appeals system –
that’s the Legacy system.
Now, VA gives veterans
three different review options, or “lanes.”
In each lane, VA does a different type of review
of the decision on your initial disability claim.
In the Higher-Level Review lane,
a higher-up, more experienced VA official
will take a completely fresh look at the evidence
and records you submitted with your original claim.
This lane is like a second opinion from someone who
wasn’t involved in the first decision.
You can also choose to have an informal conference with the
higher-level reviewer
to discuss your claim and why you disagree with the
last decision.
However, in this lane you cannot submit any new evidence.
VA will only look at what you had in your file at the time
of its last decision.
In the Supplemental Claim lane, you must submit new evidence
that is relevant to the reason your claim was denied.
This lane is the only option in the new system
where VA still has a “duty to assist,”
meaning they have to help you find the records or evidence
you need for your claim.
The Notice of Disagreement Lane, sometimes called the Board Lane,
is an appeal to the Board of Veterans’ Appeals,
a.k.a. the Board.
In the Legacy system, veterans had to go through
2 additional appeals and lots of back-and-forth with their
Regional Office before they could take their claim
to the Board.
Now, you can appeal directly to the Board
after your first VA decision.
There, a trained attorney – called a Veterans Law Judge –
will review your appeal.
Within the NOD Lane, there are three dockets.
In the direct review docket, a Veterans Law Judge, or VLJ,
reviews only the evidence already in your claims file.
You cannot submit new evidence in this docket
and you will not attend a hearing with the VLJ.
In the Evidence docket, you can submit new evidence
but will not have a hearing with a VLJ.
Evidence must be submitted with your NOD
or within 90 days following your NOD.
In the Hearing docket, you will have an in-person or
teleconference hearing with a Veterans Law Judge.
You will have the opportunity to submit new evidence
either at the hearing or within 90 days following the hearing.
If you’re planning to appeal to the Board, listen up!
VA has said that appeals in the Hearing docket, as well as
the Evidence docket, will be the Board’s last priorities
while it works its way through the remaining Legacy appeals
and the direct review docket.
So, expect several years of waiting if you select
the Hearing Docket or the Evidence Docket.
So. If you disagree with VA’s initial decision on your claim,
you can choose between the Higher-Level Review Lane,
the Supplemental Claim lane, &the Board of Veterans’ Appeals.
But what if you disagree with the decision VA made
in the lane you chose for your appeal?
After receiving an unfavorable decision
in the Higher-Level Review or Supplemental Claim Lanes,
you can appeal to another lane
based on what is right for your case.
If you appeal within one year of the decision,
you won’t lose your original “effective date” –
the date when you start receiving VA benefits.
after a Board decision, you can appeal to the
Supplemental Claim Lane within one year
or you can appeal to the Court of Appeals for Veterans Claims
within 120 days.
In both cases, your effective date will be preserved.
Bottom line for effective dates?
Make sure you select another lane within a year
to preserve your effective date.
That will help you receive the full amount of compensation
you deserve, if and when VA grants your claim.
If you’re not sure which lane is right for your case,
reach out to a Veterans Service Organization
like our colleagues at DAV or a legal representative.
AMA is a new, largely untested system that even
VA adjudicators are still learning,
so getting knowledgeable advice is key
to the success of your claim.