Lesson 16: The Legacy Appeals and AMA Process

Under the appeals modernization process, the effective date is preserved as long as the request for review under the three new lanes is received within ______ of the date of the decision notice denying benefits.

12 months

Veterans use the notice of disagreement (NOD) in the new appeals process to file an appeal straight to the Board of Veterans' Appeals (Board). The appellant can choose between how many different docket formats to have their claim reviewed?

3

How many days does VA give the appellant to reply to a supplemental statement of the case (SSOC) before sending the legacy appeal to the Board?

30 days

What is a de novo review?

A new and complete review of the appealed issue with no deference given to the decision being appealed.

A claimant's request for benefits was denied. He is not satisfied with the decision(s) made by the local VA regional office. With the help of a VSO, they submit a formal disagreement of the VA decision in writing. What is this formal disagreement to the VA called?

Appeal

An appellant has submitted her notice of disagreement and received a statement of the case (SOC). In order to complete the legacy appeal, what must be filed in response to the SOC?

Complete and submit VA Form 9 or otherwise state a desire to appeal the issues

An appellant selects the Decision Review Officer (DRO) process on the notice of disagreement (NOD). What will the DRO do?

Conduct a new and complete review of the claim, without deference to the original decision.

The second most common type of disagreement is disagreement with an assigned evaluation. What other type of disagreement/appeal is most common?

Denial of service connection.

What docket is applicable to an appellant if they submit additional evidence within 90-days following their notice of disagreement (NOD) to the Board?

Evidence

Under the new appeals process the de novo review is only available in what lane?

Higher-level review

What are the three lanes an appellant may choose in seeking review of a VA denial?

Higher-level review, supplemental claim, Board Appeal (notice of disagreement)

What is the first component of the legacy appeal that is filed by the claimant/appellant?

Notice of disagreement (NOD)

In the legacy appeals process, what provides the appellant with changes or additions based on additional evidence before or after receipt of a substantive appeal?

Supplemental statement of the case (SSOC)

Veteran James Dobson has an appeal pending in December 2015. The Veteran dies in February 2016. What happens to his legacy appeal?

The appeal does not survive the appellant's death.

Under the Appeals Modernization Act (AMA), a Veteran disagrees with the 70% disability rating for PTSD he was awarded. What form should be used if he wishes to file an appeal with the Board?

VA Form 10182

Under the appeals modernization framework, what form is utilized to submit an appeal directly to the Board?

VA Form 10182

Under the appeals modernization framework, what form is used to request a new review of an issue previously decided based on submission of new and relevant evidence?

VA Form 20-0995

A claimant's request for service connection for left knee condition was denied under the new appeals process. He is not satisfied with the decision(s) made at his local VA regional office. With the help of a VSO, they identify new and relevant evidence. What form should they submit with the new and relevant evidence?

VA Form 20-0995, Decision Review Request: Supplemental Claim

Under the appeals modernization framework, what form is used to request a higher-level review?

VA Form 20-0996

For compensation claims decided on or after March 24, 2015, what form must a claimant use to file a Notice of Disagreement?

VA Form 21-0958

Under the legacy appeals process, what form should be used to file a substantive appeal to the Board?

VA Form 9

Which of the following VA computer applications is used to manage and locate legacy appeals?

VACOLS

If a claimant submits VA Form 20-0995 but fails to fill the form out correctly who is responsible for sending the veteran an "Incomplete Election Letter"?

VBA

For VA purposes, what is a notice of disagreement (NOD)?

Written communication from a claimant expressing dissatisfaction with a final VA claims benefit decision.

The appellant has 30 days to appeal a final Board decision to the US Court of Appeals for Veterans Claims (CAVC)?

false

True or False: A claim for reconsideration is the same as an appeal?

false

True or False: During the higher-level review a more experienced VA employee with full difference of opinion authority will take a second look at new and relevant evidence.

false

True or False: The appeal process involves the claimant getting a benefits decision made by the local VA regional office overturned by supplying evidence that was not considered with the original claim.

false

True or False: Veterans use the notice of disagreement (NOD) in the new appeals process to file an appeal straight to the Board of Veterans' Appeals (Board). The appellant can choose between 4 different docket formats to have their claim reviewed.

false

True or False: A claimant who is not fully satisfied with the result of any review lane has one year to seek further review while preserving an effective date for benefits based upon the original filing date of the claim.

true

True or False: In the appeals modernization framework there are three differentiated lanes a claimant may choose in seeking review of a VA denial (or partial denial) of a claim.

true

True or False: The appellant may appeal the final Board decision to the US Court of Appeals for Veterans Claims (CAVC) within 120 days of the date of decision if he/she is not satisfied with the Board's decision.

true

True or False: Under the Appeals Modernization Act (AMA) a higher-level review (HLR), supplemental claim or notice of disagreement (NOD) to the Board of Veterans' Appeals (Board) can be submitted if a Veteran disagrees with a decision(s) made by the local VA regional office on their claim for entitlements.

true

True or False: Under the Appeals Modernization Act (AMA), an appeal to the Board eliminates the prior intermediate and duplicative steps such as statement of the case (SOC) and the substantive appeal.

true

True or False: Under the appeals modernization framework, if a claimant disagrees fully or partially with a benefit decision, as a VSO, you should advise the claimant to fill out and submit the applicable VA Form 20-0995, Decision Review Request: Supplemental Claim, VA Form 20-0996, Decision Review Request: Higher-Level Review or VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement) to request a review of the prior decision.

true