Three Appeal Options Under the Appeals Modernization Act
Has the Appeals Modernization Act improved the claims process for Veterans? Over the years, the VA benefit request process has grown increasingly frustrating for Veterans. Denials are much more common than approvals. H.R. 2288, popularly known as the 2017 Veterans Appeals Improvement and Modernization Act, changed this environment, at least to some extent. The AMA gives Veterans a bit more control over their appeals and also expedites the process.
However, to reap the benefits of the AMA, Veterans must first get to this point. So, a good VA disability attorney must build a solid case for benefits. Veterans must not lose heart and give up if Claims Administrators deny their claims. Unless Veteran and attorney work diligently and closely together, it is still almost impossible to obtain benefits.
Supplemental Claims
These “new evidence” appeals must be submitted within one year of the previous denial. To pursue the supplemental claims path, your claim must include new and relevant evidence since the time of the most recent denial. The VA is supposed to issue a revised decision within three months.
Supplemental claims are often effective in TDIU cases. Total Disability due to Individual Unemployability is very subjective. The evidence presented must not simply be legally sufficient. The evidence must also resonate with the Claims Examiner.
Lay medical evidence is a good example. For example, a Veteran might have a 60% impairment rating due to Post Traumatic Stress Disorder. That impairment rating technically meets the TDIU standard. But a Claims Examiner could easily deny the request. Testimony from a friend or co-worker about the Veteran’s day-to-day PTSD struggles could make the difference.
Higher Level Review
HLR is a bit like Instant Replay review during NFL games. The big difference is that, in HLR, the reviewing officer cannot take the prior determination into account. The Claims Examiner looks at the Veteran’s disability claim with completely fresh eyes. Such requests must also be filed within one year of the previous denial.
HLR claims are often effective when the Veteran’s individual claim has not changed, but the legal environment has changed. Agent Orange exposure claims are a good example. The VA recently expanded Agent Orange benefits to Vietnam-era Veterans who served on offshore naval vessels. So, some people who were denied before might be approved now. If the VA reverses course on burn pit exposure in Iraq and Afghanistan, Higher Level Review might be the best way to revive a denied claim in this area, as well.
Board of Veterans Appeals
The AMA made some significant changes in this area. Some proceedings have been consolidated and some have been eliminated altogether. Additionally, when Claims Examiners deny claims, they must provide additional information explaining their actions.
But for the most part, the BVA is still the same. If Veterans file an old-fashioned Notice of Decisions with the BVA, these appeals must follow one of three paths:
- The claim is ready for review without any additional evidence,
- The Veteran has an option of introducing new evidence, or
- A paper review which does not include a hearing.
The same one-year deadline applies to the NOD filing. Once it receives the case, the BVA can take up to a year to review it. A year is a long time, but BVA reviews could take twice as long under the old system.
Reach Out to Hard-Hitting Attorneys
Some recent changes to the VA appeals process mean faster and fairer claims reviews. For a free consultation with an experienced Veterans disability lawyer, contact the 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.