Page 8 - Desert Oracle August 2019

Now let’s look at the AMA process. Under the Legacy Appeals System, all appeals
follow the same road to its conclusion -- a “one size fits all” process. When filing

an appeal under AMA, veterans can choose from the following review options or
“lanes”: “Higher-Level Review Lane” and “Supplemental Claim Lane”.

Higher-Level Review Lane - In this lane veterans can request that the Regional
Office (RO) issue another decision based on a higher level of review conducted by

a more experienced rating specialist, a Decision Review Officer (DRO). In the past
this was also known as a de novo (new look) review. In this lane, the DRO can

overturn the previous rating decision based on various factors including a clear
and unmistakable error (CUE). Additional evidence cannot be submitted in support

of the appeal in this lane. The RO will issue a new decision based on the same
evidence of record that was available at the time of the prior decision.

Supplemental Claim Lane - Submission of new and relevant evidence is allowed in
support of the appeal. It is the only lane in which VA has a duty to assist veterans

in gathering evidence to support their claims. The original effective date will be
maintained if the supplemental claim is submitted within one year of the RO’s

initial decision. Veterans can also submit a supplemental claim with new and
relevant evidence after receiving an unfavorable decision from the higher-level

review process, or after receiving a denial from the Board of Veterans’ Appeals.

Notice of Disagreement Lane (Appeal to the Board of Veterans Appeal) -

Veterans can appeal their cases directly to the BVA following the initial decision
from the RO, or an unfavorable decision from the higher-level review or

supplemental claim lane. Under AMA, veterans can navigate lanes and skip
directly to BVA, which was not available under the Legacy Appeals System. There

are three dockets at the BVA from which veterans can choose: Direct Docket,
Hearing Docket, and Evidence Docket.

----Direct Docket – In this docket the Board will only look at evidence that was in
the veteran’s file when the RO’s decision was issued; submitting additional

evidence is not permitted. VA’s goal is to issue a decision within 365 days.