Has your VA disability compensation claim been denied or not rated high enough? Don’t take no for an answer. At Veterans Disability Aid, we’re here to help you understand your rights and navigate the complex appeals process.
The Appeals Modernization Act (AMA)
In February 2019, the appeals process underwent a significant transformation with the implementation of the Appeals Modernization Act (AMA). This change brought new options for veterans appealing their claims decisions. Understanding these changes is crucial for effectively navigating your appeal.
Key Points to Remember:
- You have one year from the date of your claims decision to file an appeal.
- If you miss this deadline, the decision becomes final, and you lose your original application date.
- There are multiple reasons to submit a VA disability appeal, including re-evaluating denied claims, disputing disability ratings, or arguing the effective date of a rating.
Types of Appeals Under the AMA
Under the post-2019 AMA process, there are several ways to appeal a decision made by the Agency of Original Jurisdiction (AOJ) at the regional office level:
Higher-Level Review (HLR)
There are two types of Higher-Level Review appeals:
1 – Standard HLR (VA Form 20-0996):
- Requests a complete review of the claim and all evidence by a Decision Review Officer.
- No new argument or evidence needs to be presented.
2 – HLR with Informal Conference (VA Form 20-0996):
- Includes an informal phone conference with a Decision Review Officer.
- You must present an argument that an error of law or facts exists regarding the claim.
- There must be a specific reason for this conference beyond mere disagreement with the decision.
Supplemental Claim (VA Form 20-0995)
This type of appeal requires the submission of new and relevant evidence for the claim to be accepted. Examples of new and relevant evidence may include:
- New private medical records
- Disability Benefits Questionnaires completed by a private medical practitioner
- Previously unavailable or unreviewed service treatment records
- Supporting medical evidence such as clinical studies or articles
- Lay statements or buddy statements
Supplemental claims are also used to continue an appeal after a decision is made on a Notice of Disagreement to the Board of Veterans’ Appeals.
Frequently Asked Questions
Q: How long do I have to file an appeal?
A: You have one year from the date of your claims decision notification letter to file an appeal.
Q: What happens if I miss the one-year deadline?
A: If you miss the deadline, the decision becomes final, and you lose your original application date.
Q: Can I submit new evidence with a Higher-Level Review?
A: No, Higher-Level Reviews do not allow for the submission of new evidence. If you have new evidence, you should consider filing a Supplemental Claim instead.
You Fought For Your Country, Let Us Fight For You
Don’t let a denied claim discourage you. If you’re struggling with the VA appeals process, Veterans Disability Aid is here to help. Contact us today to connect with our team of experts who will support you in your denied va claim appeal. You fought for your country – now it’s time someone fought for you.