The New VA Appeals System (Appeals Modernization) (VSO)

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Presenter: Rick Spataro

Length: 118 Minutes

Recorded: March 2019


Webinar Description:

On February 19, 2019, soon after the VA published its final regulations implementing the Appeals Modernization Act (AMA), the new VA appeals system went into effect. This new law drastically changes the VA benefits appeals process with the hope of providing claimants with a more efficient resolution of their appeals. This modernized appeals system provides claimants with more options to pursue claims that the VA denies. Understanding and navigating this system will be challenging at first. Veterans are bound to have many questions about the new system, and will want to know which appeal option they should choose. Veterans advocates need to become knowledgeable about the AMA so that they can provide sound advice on which option is best for each claimant. This webinar will provide advocates with a comprehensive understanding of the new appeals system so that they can make fully informed recommendations to the VA claimants they represent.

This recorded webinar will cover:

• An explanation of the claims to which the AMA applies, the claims that will remain in the “legacy” appeals system, and how claimants in the old system can opt in to the new system.
• Changes to VA rating decisions.
• Detailed information about the new options for challenging the VA’s denial of a claim—supplemental claim, higher level review, and appeal to the Board of Veterans’ Appeals, including the three different lanes available at the Board of Veterans’ Appeals.
• The pros and cons of each option for challenging the VA’s denial of a claim.
• Advocacy advice for making recommendations to claimants about the option they should pursue to challenge the VA’s denial of a claim.
• The new rule making favorable findings by VA adjudicators binding on future adjudicators.
• Important changes to effective date rules, the applicability of VA’s Duty to Assist, and when new evidence will be considered by the VA.
• How the VA will handle “legacy” appeals.
• Rules for the appeal of simultaneously contested claims.

This webinar will be presented by Richard V. Spataro, Esq., NVLSP’s Director of Training and Publications.