If I Win My BVA Appeal, What Happens Next Under the Appeals Modernization Act (AMA) System?
In 2018, lawmakers approved the Appeals Modernization Act (AMA). The AMA is designed to expedite the disability benefits appeals process in a Veteran-friendly way. These benefits for a 100% disability start at $$3,106.04/mo. and can be more with dependents and Special Monthly Compensation.
A VA disability attorney can help significantly in achieving a favorable result. Attorneys give Veterans valuable advice about the new AMA process. The roadmap is much more complex than it used to be. And, a single wrong turn could be disastrous. In later stages, such as hearings at the Board of Veterans Appeals, an attorney is a strong advocate for you.
Before the BVA
The AMA did not change everything about the review process. In most cases, Review Officers (ROs) will deny claims, at least in part. This discourages many Veterans and deters them from pursuing their claims further.
After an initial denial, Veterans have three different procedural choices.
- Higher Level Review: A more experienced RO takes a second look at the claim. This avenue is appropriate if the RO made a clear legal mistake, such as relying on the wrong disability chart.
- Supplemental Claim: This approach has two basic benefits. First, the VA has a duty to assist Veterans in appealing their claims. No other avenue has that feature. Second, Veterans can introduce supplemental evidence in support of their claims.
- Notice of Disagreement: As part of the aforementioned streamlining, the VA abandoned the old intermediate appeal level. So, Veterans can appeal denials directly to the Board of Veterans Appeals by filing a legal document called an NOD.
To determine which avenue is right for you, have an attorney review the reasons for denial and other aspects of your claim. All three approaches have significant pros and cons which vary case to case.
At the BVA
Once the court receives an NOD and dockets the case, it places it in one of three lanes, according to the Veteran’s request:
- Direct Docket,
- Evidence Docket, or
- Hearing Docket.
Direct docket is simply a paper review. There is no hearing and no new evidence. As the name implies, in evidence docket cases, Veterans can submit new evidence to support their claims. There is no hearing in this avenue either.
Most Veterans select the hearing docket. It offers full, trial-like hearings where attorneys can fully advocate for Veterans. However, the wait time is longer. Additionally, pro se hearings without lawyers are usually not a good idea.
After the BVA
Veterans who win BVA hearings usually return to the Supplemental Claim initial stage. Generally, the additional evidence is the BVA’s finding from the appeal. That finding usually includes instructions about what evidence and law to consider. In many cases, the BVA instructs the RO to affirm the claim in full.
Adverse BVA decisions could be appealed to the Court of Appeals for Veterans Claims (CAVC). Other solutions, such as a partial settlement, might be available as well.
Contact Assertive Attorneys
The new AMA process might be faster, but it is not simple. For a free consultation with an experienced Veterans disability lawyer, contact Cameron Firm, PC at 800-861-7262 or fill out the contact box to your right. We are here to represent Veterans nationwide.
This article is for educational and marketing purposes only. Consequently, it does not create an attorney-client relationship.
