Hey veterans, Travis Studdard, veterans' disability attorney.
Continuing on this series of videos concerning the RAMP appeals process, the new Rapid Appeals
Modernization Program that's been put out by VA.
If you have an active appeal with VA you may have received one of these RAMP letters as
we call them, and it's giving you the option to opt in to this new pilot project of VA
that is trying to streamline and improve the appeals process as opposed to the current
broken backlogged system that they currently have.
In that letter you will see that there's two main options: the supplemental claim lane
and the higher level review lane.
Again, I already covered the supplemental claim lane in a prior video, so if you want
to learn about that check that one out.
Under high level review this is an option if you have no additional evidence to submit
with your appeal, and again because under this option VA is not allowed to consider
anything other than what is already currently in the record when you opt for higher level
review.
I would liken this to a DRO review or Decision Review Officer review under the current appeals
process because these higher level reviews are undertaken by an experienced claims adjudicator
within the regional office.
Again, they're not using the DRO terminology anymore under the RAMP program, but I imagine
this is going to be some of the same experience personnel within the office.
Again key difference there is no new evidence will be considered, which means there's no
option for a hearing to provide evidence or live testimony.
Now you do have the option under the higher level review for an informal conference one
time during the appeals process, and that's only to clarify the issues on appeal, what
the particular errors were, but that's more of an opportunity for you or your representative
to lay it out in just plain English to them and spoken words rather than a written document
as far as what the problems are and the underlying decision.
Again no live testimony, just an informal conference.
One key difference here versus supplemental claim lane option is again here VA has no
duty to assist as well.
If there is new evidence that's needed VA is not going to assist you in developing that
evidence.
Now again that makes sense because even if it's developed then it cannot be submitted
as part of the appeal.
Now again, in the RAMP letter that you may receive VA makes this sound great, they say
they have a goal of 125 days for a decision.
Again that's a goal, I'm not holding my breath on seeing them meet that type of deadline.
When would you use higher level review if you did opt in to the RAMP program, and again
I have my own thoughts on that, you can check out my other videos.
I'm not a huge fan at this point; I'm taking a wait-and-see approach on it.
If you can't submit new evidence then it has to be a legal error that you're trying to
have corrected, and that just means they got the law wrong.
Now most appeals that I see from veterans there is some factual development that still
needs to be done, meaning there's evidence they still need to gather and submit to VA.
Very rarely do I see one where everything is in place and we just need to argue that
they misapplied the law.
I don't really see why this is going to be a huge option or a huge benefit to veterans,
the higher level review, but again they're putting it out there, they're trying to segment
people in these different lanes, supplemental claim if you have additional evidence, higher
level review if you don't.
If you get another denial under the higher level review then you can reassess at that
point, you can do more higher level review, you can do a supplemental claim lane at that
point, or you can move on to the Board of Veterans' Appeals.
As long as you do that within the deadlines then your effective date would still be preserved
as well.
That's option two under the RAMP program in that RAMP letter you may get.
If you have questions again feel free to reach out to us winyourvetclaim.com is our website.
You can also read other articles, check out other videos we have, but again if you have
an active appeal and are receiving one of these letters it may be a good time to have
an attorney review your appeal anyway, whether or not you decide to go under RAMP.
I would also do that consultation prior to opting in to the RAMP program.
Anyway, that's what I have for today.
Hope that helps.
Check out our other videos and we'll catch you next time.
Thanks a lot.