Is the AMA Process Better for Veterans?
Автор: Woods & Woods, The Veterans Firm
Загружено: 2022-03-03
Просмотров: 5081
We get calls every day from veterans wondering if they should appeal their Legacy VA claim or switch to the Appeals Modernization Act process. The system changed in 2019 so many veterans can still decide if they want to appeal in the Legacy system or in the Appeals Modernization Act (AMA).
We still have many clients in both tracks. Before you make the decision to stick with Legacy or transfer your case over to the AMA system, talk to some people with experience. If you still have more questions after you watch this video, give us a call and we’ll answer your questions for free. 1-800-544-2108
0:00 Intro to advantages to the Appeals Modernization Act vs. the Legacy VA System
0:20 What were VA application steps in the legacy system?
01:14 What is the big deal about the AMA?
01:37 Should you leave the legacy system and move to the AMA?
02:05 Overview of the AMA system
02:25 The three lanes to appeal your VA claim under AMA
03:44 Three options within the appeal to the BVA option
04:44 What was the point of the AMA replacing the Legacy system?
06:39 What happened with Veterans’ appeals as the AMA became reality?
07:35 VA AMA claims are stacking up
08:43 AMA cases moved fast at first, but...
10:10 Factors to consider- Legacy or move to AMA
10:30 You could lose your effective date
11:34 New relevant evidence
12:12 Considerations for moving from Legacy to AMA VA claims
13:21 Why there is no clear-cut answer to which one is better: Legacy or AMA?
14:14 Where you are in your appeal is a big factor in choosing your next steps.
15:20 New evidence is important to AMA.
15:53 Why it might be best to hire a lawyer.
You can read more about filing an appeal with the VA here:
https://www.woodslawyers.com/va-disab...
Under the AMA, there are three lanes for appealing your case.
1. Supplemental claim – Allows new evidence, sometimes has an exam, sometimes doesn’t, and happens at your Regional Office.
2. Higher-level review – Have someone else at the regional office look over your existing evidence. You can’t add anything new.
3. Appeal to the BVA with a Notice of Disagreement – Take your appeal to the Board of Veterans’ Appeals with a Notice of Disagreement (NOD) and choose one of these sub-lanes:
1. Hearing lane – you can appeal in person or virtually to a judge
2. Direct Lane – no new evidence, similar to HLR above,
3. Evidence Lane – submit new evidence to a judge for a new decision
There were a lot of deadlines and bottlenecks in the legacy system because of the Statement of the Case (SOC). You couldn’t get in front of a judge for an appeal until you got your SOC – often years after the initial application.
Many Legacy claims got moved along in 2020, but there is still a backlog. They are moving slower again in 2022. They don’t have to wait on as many people, but there are still a lot of decisions and a lot of evidence to review on these cases.
When should you stay with the Legacy system?
If you are in a critical condition, you may want to stay in Legacy. They are getting their decisions sooner than AMA most of the time. If you are in financial hardship or homeless, then you may want to stay in Legacy. When time is of the essence, Legacy has a few extra benefits.
If you’ve talked to some experts and your doctor has some new evidence that would help you service-connect your conditions, you would only be able to take advantage of that via the AMA evidence lane.
You can see that simply choosing AMA or Legacy appeals is a complex decision.
If you want to read about the Notice of Disagreement, an important form used in the VA appeals process, read this:
https://www.woodslawyers.com/notice-o...
You can download form 20-0995 from the VA on this page:
https://www.va.gov/find-forms/about-f...
If you are unable to work due to your service-connected disabilities, you may qualify for total disability based on individual unemployability (TDIU). Contact us to see if you are eligible. Give us a call and receive a free legal consultation.
We have helped thousands of veterans all over the United States and we only charge a fee if we win your case.
Request a free legal consultation online:
https://www.woodslawyers.com/contact/...
Woods and Woods, LLC
The Veteran’s Firm
Helping Vets in all 50 States & Puerto Rico
https://www.WoodsLawyers.com/?utm_sou...
812-426-7201
Still have questions? Check out this video where certified VA disability lawyer Neil Woods answers common questions about VA Disability and unemployability.
• Answers to Veterans’ Common Questions on I...
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