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 Notice of Disagreement to the 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 must submit new and relevant evidence that was not 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. It can also be filed anytime later than that, 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

Option #1 - 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

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

• Typically the fastest BVA lane

Option #2 - Evidence Submission Lane:

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

• No hearing is held

• Available for veterans who have additional evidence to strengthen their case which was not part of the original record, but do not need a hearing

Option #3 - 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

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

• Typically the BVA lane with the longest wait time

Note:

• Board appeal decisions may take at least a year, but typically a few years, depending on the review lane selected.

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 attorneys and representatives here at Greene & Marusak who can help you pick the best review option based on your unique situation and goals.

Give us a call at (844) 483-8737