After publication of the regulations, VA Secretary Robert Wilkie will certify the department’s readiness to implement appeals modernization, which will transform a complex appeals process into one that is simple, timely and provides greater choice to Veterans who disagree with a VA decision.
Implementation will occur 30 days after the Secretary certifies, as required by law. Accordingly, the AMA will become effective Feb 19.
“VA has been preparing for full implementation of the Appeals Modernization Act over the past 18 months,” Wilkie said. “Our staff has worked diligently, particularly in the last few weeks, to ensure the new, streamlined process is available to Veterans in February.
The AMA was signed into law Aug. 23, 2017. Under the act, Veterans will now have three options for claims and appeals: (1) supplemental claim; (2) higher-level review; or (3) direct appeals to the Board of Veterans’ Appeals. All decision reviews submitted after February 2019 will fall under the new system.
Once the Appeals Modernization Act is fully implemented, VA’s goal is to complete supplemental claims and higher-level reviews averaging 125 days. Decisions appealed to the Board under its direct docket will average 365 days. Under the legacy process, appeal resolutions averaged three to seven years.