Veterans Appeals Improvement and Modernization Act of 2017

Here we are in 2019. This is the year that the full effect of the new law from 2017 is to occur for veterans throughout the nation. The full import of the law is yet to be seen, but here are some significant changes in the law that will impact on veterans…hopefully for the better in terms of their rights and benefits. The goal of the new law is to modernize the current claims and appeals process; include three review options for disagreements with decisions; require improved notification of VA decisions; provide earlier claim resolution; ensure you receive the earliest effective date possible As a result of these changes there are now three options for review:

Option 1: Higher-level Review
Your claim is reviewed by a more senior claims adjudicator and involves:

A higher-level de novo review (new look) of the decision
No submission of new evidence allowed
The possibility of overturning the decision based on:
A difference of opinion
A clear and unmistakable error
The reviewer, who identifies or learns of a duty to assist error, can return the claim to the regional office for correction.

Option 2: A Supplemental Claim Lane
You can submit or identify new and relevant evidence to support your claim. VA will provide assistance in developing the evidence.

Option 3: Appeal Lane for Appeals to the Board
This option allows you to appeal directly to the Board of Veterans’ Appeals. You can choose between three options for the BVA:

Direct review: You have no new evidence and do not want a hearing.
Evidence submission: You have new evidence, but do not want a hearing.
Hearing: You have new evidence and want to testify before a Veterans Law Judge.

Contact Vet Defender and let one of our expert VA attorneys assist you with overcoming the ever-increasing challenges of obtaining your benefits from VA. Schedule an Appointment.