The landscape of VA appeals has evolved, particularly with the Appeals Modernization Act (AMA) (also known as the Veterans Appeals Improvement and Modernization Act of 2017), which brought significant changes effective February 19, 2019. Veterans with “legacy” appeals (those with initial claim denials dated before February 19, 2019) faced a distinct process.
While the VA aimed to resolve these legacy cases and no longer accepts new appeals through this legacy process, some veterans may still be navigating the outcomes of these older appeals in 2025.
This guide explains what typically happened next after a Board of Veterans’ Appeals (BVA) win under that legacy system.
Understanding DRO Hearings in the Legacy System
Historically, if you disagreed with a local VA office’s denial under the legacy system, the first step was filing a Notice of Disagreement (NOD). Navigating this complex system often highlighted the value of an experienced VA benefits appeals lawyer to ensure your case received the proper attention.
For legacy appeals, a Notice of Disagreement often led to a review by a Decision Review Officer (DRO), rather than an immediate jump to the BVA. This DRO review offered a fresh look at the original decision.
Veterans had two main options for the DRO stage:
- Paper review: This was generally best if the original Claims Examiner made a clear and obvious legal error.
- DRO hearing: In most other situations, a hearing was preferable. Having a VA disability attorney at this hearing was important. Your lawyer could present your case effectively, make legal arguments, and provide crucial advice regarding the DRO’s subsequent decision.
The DRO’s decision would typically result in either a revised disability rating or a Statement of the Case (SOC), which reaffirmed the earlier denial. Based on the DRO’s findings and the date of your SOC, you and your attorney would decide the next step.
Crucially, after receiving an SOC:
If your SOC was dated before February 19, 2019, you had to continue with the legacy appeals process by filing VA Form 9 (“Appeal to Board of Veterans’ Appeals”) with the VA regional office within 60 days from the date on the SOC.
If your SOC was dated on or after February 19, 2019, you had two options, to be decided within 60 days from the date on the SOC:
- Continue the legacy appeals process by filing VA Form 9.
- Opt into one of the new AMA decision review options. If you opted into AMA, the remaining legacy appeal steps would not apply.
The stakes in VA disability claims are significant, potentially involving substantial monthly benefits and access to medical care at VA facilities. It’s also important to note that legacy appeals, especially those reaching the BVA, could take a significant amount of time, sometimes five to seven years, for a decision.
What to Expect from BVA Hearings in Legacy Cases
While hearings before the Board of Veterans’ Appeals were technically optional in the legacy system, they were usually an effective path forward. BVA hearings function somewhat like trials. While the Veterans Law Judge will ask questions and a transcript is made, the judge won’t make a decision about your appeal at the hearing itself.
Following the hearing and a review of all evidence, the Board would issue one or a combination of decisions:
- Grant (allowed): The Board grants benefits. This could mean a new disability rating or service connection.
- Deny: The Board doesn’t grant benefits. The next step was usually an appeal to the Court of Appeals for Veterans Claims (CAVC). Veterans must file this Court appeal within 120 days of the Board’s decision.
- Remand: The Board needs more evidence and returns your appeal to the Veterans Benefits Administration (VBA) for further action (like gathering more evidence). If the VBA, after addressing the remand, still couldn’t grant all or part of your appeal, it would prepare a Supplemental Statement of the Case (SSOC) and return the appeal to the Board.
Regarding a Supplemental Statement of the Case (SSOC):
If you received an SSOC dated on or after February 19, 2019, you again had two options, to be decided within 60 days from the date on the SSOC:
- Continue the legacy appeals process (your case would typically go back to the Board).
- Opt into one of the new AMA decision review options.
What happens after a BVA grant in a legacy case?
If the BVA granted your appeal, it was a major victory. The Regional Office (RO) would then implement the BVA’s decision. This “implementation” phase could take time. Your attorney would monitor this to ensure the BVA’s instructions were followed, including calculation of retroactive benefits (back pay).
Still navigating a legacy appeal? Contact Cameron Firm, PC today!
Many VA legacy appeals involved complex BVA hearings and subsequent steps. If you’re still dealing with the outcome of a legacy BVA appeal or have questions about a decision made under this older system, expert guidance is essential.
For a free consultation with an experienced Veterans disability lawyer who understands the nuances of legacy and AMA appeals, contact Cameron Firm, PC at 800-861-7262 or fill out the contact form on our website. Our firm is proud to represent Veterans nationwide.
This article is for educational and informational purposes only and does not constitute legal advice or create an attorney-client relationship.