The Appeals Modernization Act Legacy System and CAVC Appeals
For many years, the Veterans Administration disability Legacy System and CAVC Appeals were known primarily for lengthy delays. According to the VA itself, cases were often pending for seven years before the Court of Appeals for Veterans Claims (CAVC) resolved them. Congress designed the 2018’s Appeals Modernization Act (AMA) to eliminate this wait time and make the process more efficient, largely by providing alternatives to traditional CAVC review.
VA Disability AMA Appeal Options: A Closer Look
The AMA offers Veterans different options for pursuing their appeal. The pros and cons of each option should be weighed before choosing which option is best for your appeal.
If the Claims Administrator erroneously denied benefits, the Higher Level Review (HLR) avenue is usually a good idea. Here, Veterans cannot submit new evidence in support of their claims. Instead, another Regional Officer (RO) re-examines the matter de novo (like new).
Many areas of VA law, especially individual unemployability claims, are quite complex. So, it is not unusual for inexperienced ROs to make mistakes, especially since the Veteran usually has no legal advocate at these proceedings. Experts consider instances like this well suited for a Higher Level Review.
Supplemental Claims
The Supplemental Claim (SC) avenue is new as well. Some Veterans have new evidence to present. For example, in the aforementioned IU illustration, assume the RO told the Veteran that there was insufficient medical evidence in the file. Rather than start over at the beginning, an attorney could request supplemental claim review and present the new evidence.
In addition to streamlined review, the SC lane includes mandatory VA assistance. Additionally, the effective date is usually unchanged, as long as the Veteran submits the supplemental claim within a year of the original decision.
Traditional appeal via a Notice of Disagreement is available as well. As mentioned, the former mid-level review stage is gone. The AMA divides this docket into three sections:
- Direct docket (paper review only),
- Evidence docket (additional proof but no hearing), and
- Hearing docket (a full hearing which usually includes the presentation of new evidence).
In a nutshell, the direct docket is usually the fastest avenue, the hearing docket is the most thorough one, and the evidence docket is in the middle.
Veterans who received unfavorable results in the SC or HLR lanes can also appeal to the Board of Veteran Appeals. From there, the veteran can appeal an unfavorable decision Court of Appeals for Veterans Claims (CAVC).
Favorable CAVC Decisions
The CAVC has the power to award benefits or remand the case. Benefits awards are very rare, and remands are fairly common. In the instance of a remand, the BVA receives another chance to make the correct decision.
Typically, the CAVC remands cases with instructions. Those instructions could include the requirement to apply a certain rule of law, obtain a specific medical opinion, or instructions on how to properly analyze the evidence. Additionally, in rare cases, the CAVC remands cases with instructions to reach a particular decision.
Team Up with Diligent Attorneys
CAVC appeals are often the best way to get the benefits you deserve. 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. Because we are here to represent Veterans nationwide.
This article is for educational and marketing purposes only. Therefore it does not create an attorney-client relationship.