Page 7 - Desert Oracle August 2019

Appeals Modernization

On February 19, 2019 the new VA appeals system also known as Appeals

Modernization Act (AMA) went into full effect. All rating decisions completed on
or after that date will be processed in the new system. Under the old system, now

known as the Legacy Appeals System, appeals could take 3 years for adjudication
and up to 7 years if the appeal was processed at the Board of Veterans Appeals

(BVA).

Let’s do a review of the Legacy Appeals System. This will enable you to better

grasp the AMA. After you have received a denied decision, to initiate the appeals
process you must submit a Notice of Disagreement or NOD, this is the first step in

the appeals process. The veteran has one year from the denial notice to file the
NOD. When you initiate the NOD, you can also request a de novo review, also
called a DRO review, in which a review of your case is conducted by a Senior

Rater. This process also adds additional delays to your appeal.

Once you have filed your NOD informing the VA that you disagree with its rating
decision, the VA will re-evaluate your claim to determine if any errors were made

during the initial decision-making process. If VA agrees with their decision, they
will issue a Statement of the Case (SOC). A lot of time can be lost between the
two processes; there is nothing in the law to determine when VA issues the SOC.

It could be up to 2 years between the NOD and SOC.

After issuance of the SOC, the veteran has 60 days from the SOC date to complete
a VA Form 9. The VA Form 9 gives you a chance to contest information on the

SOC, present additional evidence, and request a hearing before a Veterans Law
Judge (VLJ) at the BVA. Note: providing additional evidence and requesting a
hearing adds years to the completion of your appeal.

Your claim is then certified to the BVA for adjudication.