![]() When appealing through this lane, if the claims adjudicator determines that the VA has not fulfilled its legal duty to assist a Veteran, the appeal will be transferred into the Supplemental Claim lane for the VA to obtain the necessary evidence in your case. Veterans who wish to submit additional evidence can do so by utilizing the Supplemental Claim lane or, in some cases, the BVA appeal lane (discussed below). But, Veterans appealing through the Higher-Level Review lane are not allowed to submit any additional evidence to support their claim this is one of the biggest disadvantages of the Higher-Level Review lane. A decision in this lane takes an average of 125 days.īy filing higher-level review board appeals, Veterans can provide new arguments to point out errors in facts or law by the VA using the same evidence. When a Veteran chooses this lane, they can request an informal phone conference with the claims adjudicator to discuss their issues. ![]() Veterans who are not satisfied with the decision of a VA Regional Office can request that a more experienced VA claims adjudicator take a look at the evidence and determine if the decision was correct. The VA made a mistake in applying the law or missed evidence, and the Veteran has no new evidence to submit Only the evidence already part of your file when the VA made the decision the Veteran is appealing Within one year after the notice letter of the decision the Veteran is appealing ![]() Requesting a Higher-Level Review What Decisions Can You Appeal While this has led to quicker decisions for Veterans, it has also led to some confusion, as Veterans may not know which option is best for their claim. The Appeals Modernization Act, in contrast, added multiple decision review lanes to the VA appeals process, each with its own specific advantages and disadvantages. Veterans who remain in the legacy appeals system may only appeal to the Board of Veterans’ Appeals by filing a Notice of Disagreement (NOD) within one year of a VA decision and then, within 90 days after the VA Regional Office issues a Statement of the Case, submitting a VA Form 9 Substantive Appeal. For older cases, Veterans can opt into the AMA system or choose to stay in the legacy system, which only has one appeal option. The AMA applies to all cases in which the VA decision is issued on or after February 19, 2019. The goal was to help Veterans obtain decisions on their initial claim requests quicker and, in turn, get the disability compensation they need faster. In 2017, the Veterans Benefits Administration implemented the Veterans Appeals Improvement and Modernization Act (AMA) in an effort to expedite the appeals process for Veterans. ![]() Understanding Your Veterans Affairs Appeal Options ![]()
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