What Are Your Veterans Affairs Appeal Options?

Understanding Your Veterans Affairs Appeal Options

In 2017, the Veterans Benefits Administration implemented the Veterans Appeals Improvement and Modernization Act (AMA) in an effort to expedite the appeals process for Veterans. The goal was to help Veterans obtain decisions on their initial claim requests quicker and, in turn, get the disability compensation they need faster.

The AMA applies to all cases in which the VA decision is issued on or after February 19, 2019. For older cases, Veterans can opt into the AMA system or choose to stay in the legacy system, which only has one appeal option. Veterans who remain in the legacy appeals system may only appeal to the Board of Veterans’ Appeals by filing a Notice of Disagreement (NOD) within one year of a VA decision and then, within 90 days after the VA Regional Office issues a Statement of the Case, submitting a VA Form 9 Substantive Appeal.

The Appeals Modernization Act, in contrast, added multiple decision review lanes to the VA appeals process, each with its own specific advantages and disadvantages. While this has led to quicker decisions for Veterans, it has also led to some confusion, as Veterans may not know which option is best for their claim.

Appealing Through
the Supplemental Claim Lane

Veterans can use the Supplemental Claim lane to appeal any previous decision (whether by a VA Regional Office or the BVA). This is perhaps the most common VA appeal lane. To submit an appeal through the Supplemental Claim lane, a Veteran must provide the VA with “new and relevant evidence.” Without new and relevant evidence, VA will not consider a Veteran’s Supplemental Claim.

New and relevant evidence is any evidence that VA did not previously have, and that relates to an issue within your VA claim. Some examples of new and relevant evidence submitted along with a Supplemental Claim lane appeal include:

• Veteran Statements: Statements provided by the Veteran about an in-service injury or event, current symptoms or symptoms that have been continuous since service, or why the Veteran might not have sought treatment during service.
• Buddy Statements: Statements from friends and family can help prove you were injured in service, especially if they can compare any impairment to your prior ability to function, or if they can attest to seeing an injury occur firsthand.
• Medical Records: A confirmed diagnosis from an independent medical examination can help prove service connection or show that you are dealing with more severe symptoms than the rating the VA has assigned you.
• Medical Opinions: A statement from a private physician expressing that your current disability is at least as likely as not related to your service can help with service connection.
• Newspaper Articles: Newspaper articles at the time of your injury can help prove the event or stressor that caused your disability.
• Images: Photographs can help show the VA that you were in a specific location at a particular time, even if records do not show you were there, or they can help show that a current disability is more than the rating the VA has assigned you.

When appealing through this lane, the VA has a duty to assist you in gathering new evidence. For a Veteran to appeal through the Supplemental Claim lane, they must submit additional evidence along with VA Form 20-0995 at any time after a VA decision. However, to preserve the greatest possible amount of backpay, Veterans must file the Supplemental Claim within one year after the date of the VA’s letter notifying the Veteran of the decision the Veteran wants to be reviewed.

If you need assistance appealing your decision through the Supplemental Claim lane, contact Berry Law to see if we can assist you.

Click here to learn more about appeals through the Supplemental Claim lane.

Appealing to the U.S. Court of Appeals
for Veterans Claims (CAVC)

The CAVC is a national court in Washington, D.C., that hears appeals by Veterans who are not satisfied with the BVA’s decision. The CAVC hears cases related to disability benefits, survivor benefits, education benefits, and reimbursement for unauthorized medical payments.

When appealing to the CAVC, Veterans should understand that they only review your existing claim file in most cases. A judge or panel of judges will review the claim before making a decision. They also may request oral arguments, but this is less common.

Decisions at the CAVC can:

• Interpret constitutional, statutory, and regulatory provisions to determine if the BVA decision or broader VA policy implemented them correctly
• Determine the meaning or application of the BVA’s decision
• Require the VA to follow the CAVC’s ruling

Upon reviewing the case, the CAVC will either affirm the BVA’s decision or remand the case (meaning the CAVC sends the case back to the BVA to correct its decision). Sometimes the BVA cannot correct its decision without remanding the case back to the VA Regional Office to help the Veteran develop the claims and obtain more evidence.

Veterans wishing to appeal to the CAVC have 120 days from the BVA’s decision to file an appeal. They must also identify their attorney unless they choose to appeal the decision pro se (on their own). Keep in mind, if a Veteran appeals their decision pro se, they must follow all the court’s rules and procedures, which can be complicated.

Veterans who appeal to the CAVC pro se are typically at a disadvantage. However, Berry Law has experience handling appeals at the CAVC. Contact our team today if you need assistance appealing a BVA decision to the CAVC.

Click here to learn more about appeals to the CAVC.