“Hi, my name is Krystal Lechner. I’m an attorney at Woods and Woods, a law firm that practices veterans disability and compensation across the nation.”
Two tiers for deciding VA disability claims
“The VA has two tiers for deciding disability and compensation claims. The first tier would be where you file your initial claim, the agency of original jurisdiction. This is your regional office. If you’re unhappy with the regional office decision, you can appeal to the next level.
“The Board of Veteran Appeals, or the BVA, is the next higher level to appeal to. Your decision will go before a Veterans Law Judge, or what’s called a VLJ. The VLJ will review your decision de novo, in other words, brand new. They’ll start from the beginning, and they’re not beholden to any prior reviews done at the lower levels.”
Appeals Modernization Act (AMA) changed how claims are filed
“The board has reviewed decisions from regional offices for decades. But what changed in February of 2019 is that under a modernized system there’s a new way of filing these appeals, and new review options and avenues for appeals. The new Modernization Act, known as the Appeals Modernization Act, or AMA, went into effect February 19th, 2019, and it changed how your claims are filed at the board.
“If you have a claim that predates February 19th, 2019, it’s probably in the original legacy system. You may have an opportunity to opt into the new AMA system, and there may be certain advantages to doing that. That’s a complex analysis that we can look at on a case-by-case basis for you.”
“If you were injured while serving this country and are reading this review, I encourage you to contact Woods and Woods right away. They are always standing ready to assist veterans in need.”
J.B., a Navy veteran in Virginia
Three AMA appeal options
“Under the new system in AMA, you have three different options for appeal. At the regional office, that lower level, you can file your appeal through a supplemental claim, which requires you to file on the proper form with new and relevant evidence. Or you can file a higher-level review. A higher-level review is filed on a form, and no new evidence can be submitted.
“To file to the Board of Veteran Appeals, you file on a Board Review Request Board Appeal Form Notice of Disagreement.
“The third option is to file at the Board, the Board of Veterans Appeals.
“You can file it on a board VA form 10182, it’s titled Decision Review Request Board Appeal Notice of Disagreement, or NOD.
“It’s important to note at this point that you shouldn’t confuse the new NOD with the former Notice of Disagreement under the Legacy System, which was form 21-0958. That was the form that was used to initiate a claim in legacy.
“One of the reasons that the VA changed the system is to speed things up at the board. There are now three different review options on the form that you’ll complete. You can go direct without any new evidence. You can take the evidence lane, which is as it sounds — you can submit evidence within 90 days of filing your form. Or the third route is with a hearing.
“The direct route was intended to be quickest route. The board and their initiation of the AMA system intended for your claims to be decided within 365 days. The second slowest is the evidence route, and the slowest by far is the hearing lane.”
How Woods and Woods can help
“So, why am I telling you this? This was a major change to the VA system and how claims in general are filed in appeals.
“We represent veterans all the time that have fought their claims at the regional office for years or even decades, and we’re not able to win these claims until we get it before the board. Navigating these different appeal options can be complex.
“Give us a call. I’m Krystal Lechner, thank you for watching.”
Talk to Us About Your Claim:
(812) 426-7200
Krystal Lechner
VA disability lawyer
Woods and Woods
VA Accreditation Number: 44164
