Appeals Modernization Act (AMA)
Congress saw how broken the VA appeals system was, and aimed to fix it. On August 23, 2017, the President signed into law the Veteran Appeals Improvement and Modernization Act (AMA) of 2017. The AMA radically changed how Veterans can appeal VA decisions. While the VA is still faced with backlogs, the different appeal options under the AMA has helped reduce the backlog. There are three types of appeal options under the AMA: supplemental claims, higher level reviews, and Board appeals. Which option is right for you depends on your particular circumstances.
The AMA:
Applies to decisions issued on or after February 19, 2019
Requires better notification of VA decisions
Makes favorable findings for the veteran binding on the VA
Provides faster claim resolution
Ensures Veterans receive the earliest effective date possible
Your Right to Appeal Any VA Decision
The VA system is designed to allow Veterans as many opportunities to prove their case as possible. As such, there is no limit to the number of appeals a Veteran can file. Following each decision, the following options are available:
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After you receive any VA decision under the AMA, you may file a supplemental claim. You can even file a supplemental claim following a Board decision.
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After the VA has issued a decision on a request for a HLR, you may file a supplemental claim or a Board appeal. To tell if the decision is a HLR decision, the Rating Decision will usually say “Decision Review Operations Center” on the first page. It also will most always have a note about evidence not being considered.
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After a Veterans Law Judge has decided your appeal, you may file a supplemental claim or an appeal to the U.S. Court of Appeals for Veterans Claims. You can ask for reconsideration of the judge’s decision, but it is important to do so within 120 days of the decision. You may not file another Board appeal or a HLR.
How long do I have to appeal a VA decision?
As a general rule, under the AMA you have 1 year from the date of the decision to file an appeal. Doing so preserves your earliest possible effective date. With each decision, the 1 year timeline starts over. However, decisions by the Board of Veterans’ Appeals have a much shorter time to act, 120 days. If you are unsure how long you have, you should contact us immediately. For every decision, the VA must provide you with a form titled “Your Right to Seek Review of Our Decision”.