Is VA’s New AMA Appeals System Better for Veterans? It Depends.
History of Appeals Modernization Act (AMA)
The Veterans Appeals Improvement and Modernization Act of 2017 (AMA) began as a collaborative effort involving various stakeholders, including VA, Veterans Service Organizations, and Congressional Staff. It quickly gained bipartisan support and was signed into law on August 23, 2017. In November of 2017, VA introduced the Rapid Appeals Modernization Program (RAMP), which served as a pilot program to test the new appeals system. Initially, RAMP was only available to veterans through invitation. However, following a low opt-in rate, VA opened RAMP to all veteran with pending appeals in April of 2018.
Despite extending RAMP eligibility to all veterans, VA only offered partial access to the pilot program, preventing RAMP participants from initially taking their claims to the Board of Appeals for Veterans’ Appeals (Board). Instead, veterans were able to choose either the higher-level review lane or the supplemental claim lane when appealing. Yet this changed in October of 2018 when VA opened the Board lane to veterans enrolled in RAMP. Importantly, RAMP ended on February 15, 2019 just several days before the full implementation of AMA.
On February 19, 2019, VA officially implemented AMA. The new appeals system revamped the entire VA disability claims process in order to provide veterans, their families, and their survivors increased choice and control in handling disagreements with VA’s decisions. Generally speaking, VA’s total restructuring of the appeals system was prompted by the former Legacy system’s overall complexity and inefficiency.
Overview of AMA
In contrast to the Legacy system’s linear appeals process, AMA allows veterans to choose which of three appeal lanes will be most appropriate for their claim.
Higher-Level Review Lane
In the higher-level review lane, veterans’ claims will be reviewed “de novo” (i.e., new look). This means that a senior claims adjudicator at VA will take a look at the veteran’s entire claims file. In this lane, the record is closed, meaning veterans cannot submit new evidence. The higher-level reviewer will look only at the records already in the veterans’ file at the time of the initial decision. If the VA denies a claim in a higher-level review decision, the veteran can appeal to the supplemental claim lane or the Notice of Disagreement lane within one year.
Supplemental Claim Lane
In the supplemental claim lane, veterans must submit new and relevant evidence to be reviewed by adjudicators at the VA Regional Office. If the VA denies a claim in a supplemental claim decision, the veteran can appeal to the higher-level review lane or the Notice of Disagreement lane within a year.
Notice of Disagreement Lane (i.e., Appeal to the Board of Veterans’ Appeals)
In the Notice of Disagreement (NOD) lane, veterans can take their appeals directly to the Board. At the Board, claims are reviewed and adjudicated by Veterans Law Judges. Within the Board lane, veterans must choose between three dockets: the evidence docket, direct docket, and hearing docket. The direct docket does not allow for the submission of new evidence, while the evidence and hearing dockets do. Specifically, if the veteran chooses the evidence docket, they can submit evidence with their NOD or within the 90 days after sending in the NOD. Additionally, veterans in the hearing docket can submit evidence at the time of their hearing, or within the following 90 days. If a veteran is denied in a Board decision, they can either: (1) appeal within 120 days to the to the Court of Appeals for Veterans’ Claims (CAVC) or (2) file a supplemental claim within one year to preserve their potential effective date.
AMA Statistics – Claims and Appeals By the Numbers
During Quarter 4 of Fiscal Year 2019, VA made decisions on just under 400,000 claims. Decisions seem to be coming out much faster than they used to. Specifically, VA established a 125-day goal to decide on initial claims, and it has been completing them in only 90 days. VA has continued this progress in Quarter 1 of Fiscal Year 2020, distributing nearly $30 billion in benefits and serving close to 5 million veterans. As for the legacy claims backlog, there are 64,783 claims pending as of November 2019. However, this represents a significant decrease from previous years. VA plans to resolve all legacy claims and appeals by 2022.
In Quarter 1 of Fiscal Year 2020, there have been 81,105 supplemental claims received and 20,375 requests for higher-level review received. On average, VA has been deciding supplemental claims in 71 days and requests for higher-level review in 52 days.
Dependency and Indemnity Compensation (DIC) and Survivors Pension Statistics
VA has completed 34.7 thousand claims for dependency and indemnity compensation (DIC) and Survivors Pension combined. Claims for Survivors Pension are taking an average of 102 days to complete while DIC claims are averaging 93 days.
Blue Water Navy Veterans Claims
As of January 1, 2020, VA has begun the process of adjudicating all of the previously stayed Blue Water Navy claims and appeals. There are currently 16,000 Blue Water Navy veterans claims and 1.2 thousand Blue Water Navy survivors claims pending at VA. However, it is likely that VA will receive an influx of new claims from Blue Water veterans in the coming months as well.
Which Is Better: Legacy or AMA?
Again, VA has emphasized that AMA is a better process for veterans pursuing VA disability benefits as it addresses long wait times and delays and offers more choice and control. However, AMA is still a relatively new system and the pros and cons are not yet fully understood. While it does seem as though AMA has many advantages, VA is still struggling to remain consistent in its processing and adjudication of claims and appeals. Overall, the answer is: it depends. As such, it may be beneficial to consult with either a Veterans Service Organization, VA-accredited attorney, or VA accredited agent to talk about your options and what makes the most sense for your individual case.
- Court of Appeals for Veterans Claims has authority to certify class action, Federal Circuit rules
- Representation at the Court of Appeals for Veterans Claims (CAVC)
- VA Releases November 2018 Report on its Comprehensive Plan for Appeals Reform
- 10 Court of Appeals for Veterans Claims Cases All Veterans Should Know: Part 1
- RAMP and Appeals Reform Updates
- Once I Opt In to RAMP Can I Ever Return to the Legacy Appeals Process?
- Should I Wait to File an Appeal Until VA Appeals Reform Takes Effect?
- Is RAMP a Part of the Veterans Appeals Improvement and Modernization Act of 2017?
- How Can a Veteran File an Appeal in the Rapid Appeals Modernization Program (RAMP)?
- Who is Eligible for the Rapid Appeals Modernization Program (RAMP)?
- The Court of Appeals for Veterans Claims (CAVC)
- VA Claims & Appeals Timeline
- VA Appeals Reform: Proposed Regulations
- VA Appeals Reform is HERE (February 19, 2019)
- VA Appeals Reform: How will it affect your claim?
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