The Appeals Modernization Act (AMA) was officially enacted in February 2019, and it has reformed the way veterans can appeal decisions made by the VA. The law was designed to make the appeals process faster, more flexible, and easier to navigate. Under the AMA, veterans can choose from three different review options after receiving an initial VA decision: Higher Level Review, Supplemental Claim, and Appeal to the Board of Veterans’ Appeals (BVA).

• A more experienced adjudicator (who was not involved in the original decision) reviews the existing claim

• No new evidence can be submitted. The review is based only on the evidence already in the veteran’s file

• Must be filed within one year of the VA decision

• Often for veterans who believe the VA made a mistake in applying the law or overlooked something in the existing record

• The veteran can submit new and relevant evidence that wasn’t previously considered

• Submission of new medical records, treatment records, statements, or other documents related to the claim

• Can be filed within one year of the decision to preserve the effective date, or anytime later, but benefits may not be backdated

• Often used for veterans who have new evidence to strengthen their case or want to re-open a previously denied claim

• The veteran appeals directly to the Board and selects one of three review lanes

• Must submit a Notice of Disagreement (NOD) within one year of the VA decision

BVA Review Options

• Direct Review:

  • The Veterans Law Judge reviews the appeal based only on the evidence that was already in the record at the time of VA’s decision

  • No new evidence or hearing is allowed

  • Often for veterans who belive the VA made a legal or factual error and do not need to submit new evidence or testify

  • Typically the fastest BVA lane

• Evidence Submission Lane:

  • Veterans may submit new evidence within 90 days of submitting the Notice of Disagreement (NOD)

  • No hearing is held

  • Often for veterans who have new and relevant evidence to strengthen their case that wasn’t part of the original record, but does not need a hearing

• Hearing Lane:

  • Veterans request a hearing before a Veterans Law Judge and can submit new evidence within 90 days after the hearing

  • Hearing can be held virtually, by video conference, or in-person

  • Often for veterans who want to personally explain their case, present testimony, or address complex issues not easily explained on paper

  • Typically the longest BVA lane

Note:

• Board appeal decisions may take several months to over a year, depending on the review lane selected

• Once you select a lane and the BVA issues a decision, you cannot switch to another lane for that appeal. However, if denied, you can file a supplemental claim with new evidence to continue your appeal

Understanding the AMA is important because the appeal path you choose can affect how quickly your claim is reviewed and what evidence is allowed.

We have attorney’s and representatives here at Greene & Marusak that can help you pick the best review option based on your unique situation and goals.

Give us a call at (844) 483-8737