What to do if you disagree with VA’s decision on your compensation claim


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February 2019 marked the successful implementation of the Veterans Appeals Improvement and Modernization Act (AMA), which resulted in faster and easier ways to appeal your compensation claim. AMA created a new decision review and appeals process that features three lanes for you to choose from. As always, we recommend that you work with your VSO or representative to assist in making the best decision for you.

Choice with AMA

If, after you receive your initial decision from VA, you disagree with this decision, you must choose one of three lanes: Supplemental Claim, Higher-Level Review, or an Appeal to the Board of Veterans’ Appeals (Board).

The Supplemental Claim lane is an option if you have new and relevant evidence. The Higher-Level Review lane is beneficial for those who believe there was a mistake in the initial decision. These lanes will get you a second decision in the quickest amount of time.

The final lane is a direct appeal to the Board. If you choose a Board appeal, you must then choose one of three more paths:

  • Direct Review
  • Evidence Submission
  • Hearing with a Veterans Law Judge (VLJ)

The Direct Review path is the fastest option at the Board, and it is for those who feel there has been a misinterpretation of the law or the facts of your case.

The Evidence Submission path allows you to submit additional evidence to the Board for consideration. This option will take longer than Direct Review.

The final option is the Hearing path. The Hearing path allows you to have a hearing with a Veterans Law Judge. This path will take the longest for you to receive a second decision.

Below is a flow chart that may help you decide which lane/path is best for you:

This graph shows the possible steps to take and follow if you disagree with the decision that VA made on your claim.

More information

Additional information about Veterans choices under AMA are available here and here. With AMA, Veterans are experiencing more choice and control over their experience with VA and are getting their results faster.


Cheryl L. Mason is the Chairman of the Board of Veterans’ Appeals (Board).

Author

VAntagePoint Contributor

— VAntage Point Contributors provide insight and perspective on a wide range of Veterans issues. If you’d like to contribute a story to VAntage Point, learn how you can submit a guest blog at http://www.blogs.va.gov/VAntage/how-to-submit-a-guest-post/

Comments

  1. Joy Dale Marshall    

    If a C & P examiner chooses a diagnosis which is “incorrect” how do you get it corrected or removed?

    I do not have, nor have I ever had, non-hodgkins lymphoma. apparently the c&p examiner or the raider could not figure out which category most closely related to my illness or disease so they just picked one. Now every time I see a VA provider they ask me about my Non-Hodgkins lymphoma and it is in my veteran’s health administration records because apparently what is in your VBA records does transfer into your VHA records. How in the world can I get this corrected? This impacts my care because every time I see a community care provider or have imaging done I think I have Non-Hodgkins lymphoma. The VHA side says it’s not up to them to correct it and they don’t know how to correct it and when I talked to a BBA they say oh that’s just for rating purposes it has nothing to do with the veterans health care sign. I’m so tired of being sent in circles… please help me

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