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Veterans Benefits Administration.

 

Appeals Modernization

The Veteran Appeals Improvement and Modernization Act of 2017 became law on August 23, 2017 (Pub L. 115-55). It is also known as the Appeals Modernization Act (AMA).
Learn more about the law

The law:

  • Modernizes the claims and appeals process
  • Includes three decision review options for disagreements with benefits decisions:
    • High-Level Review
    • Supplemental claim
    • Appeal to Board of Veterans' Appeals
  • Requires improved notification of VA decisions
  • Provides earlier claim resolution
  • Ensures you receive the earliest effective date possible

What are the options for review?

Option 1: Higher-Level Review

The claim is reexamined by a higher-level reviewer for a de novo review (new look) at the decision. Electing for a Higher-Level Review does not allow for a claimant to submit new evidence.

The Higher-Level Review provides the option to request an informal conference as part of the process, which affords you or your representative the opportunity to identify factual or legal errors within evidence  used to make the decision.

Upon reexamination, the reviewer then determines whether an error, or difference of opinion changes the decision.

If the reviewer identifies that the error we made was attributed to a failure to attain all evidence needed to decide your claim, called a “duty-to-assist error”, we’ll open a new claim to gather the missing evidence and decide your case based on new evidence not in our possession at the time of the prior decision.
Learn more about Higher-Level Review

Option 2: A Supplemental Claim

You can submit or identify new and relevant evidence to support your claim, or request a review based on a change in law. We will provide assistance gathering the identified evidence. 

*New evidence is evidence not previously part of the actual record before agency adjudicators. Relevant evidence is information that proves or disproves the matter at issue in a claim. Relevant evidence includes evidence that raises a theory of entitlement that was not previously addressed. 
Learn more about Supplemental Claims

Option 3: Appeal to the Board of Veterans' Appeals

This option allows you to appeal directly to the Board of Veterans’ Appeals. You can choose between three options:

  • Direct review: You do not want to submit additional evidence or have a hearing. A Veterans Law Judge will review your appeal based on the evidence that's already part of your case.
  • Evidence submission: You want to submit additional evidence without a hearing. A Veterans Law Judge will consider the new evidence along with the evidence that is already part of your case.
  • Hearing: You choose to have a hearing with a Veterans Law Judge and have the option to submit new evidence at the hearing or within 90 days of the hearing.

Learn more about appeals to the Board of Veterans' Appeals

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