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Veterans Appeals Improvement and Modernization Act of 2017

 

The Veteran Appeals Improvement and Modernization Act of 2017 became law on August 23, 2017 (Pub L. 115-55). It is also known as the Appeals Modernization Act. You can read the law in full on Congress.gov.

The new law will:

  • 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

What are the new options for review?

You have 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. You or your representative can request an informal phone call to identify specific issues.

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:

  • 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.