Legacy and AMA Appeals: A Brief Comparison
Do veterans still have same voice in the procedural process of Legacy and AMA Appeals? The Appeals Modernization Act (AMA) took effect in February 2019. In many ways, it is a faster and more efficient system. However, there is no one-size-fits-all application. Your specific claim may or may not benefit from the changes implemented by the AMA.
As an extremely general rule, the nature of the appeal makes a big difference in your choice. If you appeal a decision because the VA made a legal error, a legacy appeal might be a better choice. On the other hand, if your appeal requires a factual reconsideration, an AMA appeal is probably a good idea.
Furthermore, keep in mind that while the AMA changed the procedures, it did not change the people. The VA still has the same underlying philosophy, which is to deny as many claims as possible. There are simply too many claims and not enough money to go around. As a result, it is still important to have an assertive attorney so you can get a fair-sized piece of a shrinking financial pie.
Submitting New Evidence
New evidence could include lay testimony regarding a Veteran’s daily limitations or a new medical review. Before choosing a legacy or AMA appeal avenue, it is important to consider the basis for the appeal. As mentioned, if the basis is new evidence, AMA may be the best way to go. However, even in AMA appeals, new evidence is only admissible in certain situations.
The standard of evidence is different as well. In legacy appeals, the standard is new and material evidence. In AMA appeals, the standard is new and relevant evidence. What is the difference? Material evidence is game-changing evidence which could cause an entirely different outcome. Relevant evidence simply makes a material fact more or less probable. So, at least theoretically, the new standard is lower.
But the VA has been rather inconsistent on this point. Without aggressive advocacy, evidence which should be admitted in an AMA appeal might be barred.
Hearing Times
One of the driving forces behind the AMA’s passage was the extremely long wait times for appeals. The new law promised to limit these wait times and expedite appeals, but the jury is still out as to whether bureaucrats can keep that promise.
Case origination tends to have an impact on processing time. The AMA is usually in full effect at regional offices. Veterans who file new claims in regional offices have seen faster processing times. As for appeals, the Board prioritizes legacy cases. In some jurisdictions, there was not much of a backlog. In other jurisdictions, the appeals wait could still be a year or longer as the BVA keeps dealing with legacy cases.
One would think this situation would improve over time, but AMA appeals do not replace legacy appeals. As mentioned, Veterans may choose either platform. There is no way to tell if the number of AMA matters will significantly outpace the number of legacy appeals.
Count on Experienced Attorneys
The VA has a new way for dealing with appeals, but Veterans still have a say in the procedural process. 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. It does not create an attorney-client relationship.