THE NEW APPEALS MODERNIZATION ACT…AND MORE


When we hit Nashville for the NOVA conferences 20-23 March, I actually though I had a good handle on the AMA layout. Well, ‘not exactly’ as they say over at Rentawreck™.  So, since the time we walked out of there, I’m still somewhat disflusticated as to whether I heard all that co-reckly.

Here’s the take. I compared it to a Mobius loop for the 4/11/2019 Hadit.com Blog talk radio show yesterday with Jerrell Cook. As promised. I’m going to draw one out here and then put in the dotted lines to connect all the possible combinations. Remember there are two forks of three paths each. Well, except for the fact that you can jump around like a hoarder in a flea market and go whither thou choose. Confused yet? Okay. I relent. here’s the Rand McNally roadmap.

First of all, as long as you meet all suspense dates, you can technically keep your original effective date forever or until you lose at the CAVC or the Fed Circus. Thus you lose at the SLR and then the HLR. You file your NOD to the BVA and get your front teeth kicked in. You then discover you needed a nexus/IMO all this time and get one. You go back to the Supplemental Claims Lane and begin again… but… with the original filing date. How  cool is that?

Now for the insanity. You put in three claims. Each one can have a certain path depending on denial or a desire for a higher increase. The problem is elementary. How do you present or provide evidence for a higher evaluation for a HLR? You can’t. You cannot submit squat in a higher level of review.  Your only option is to go to the BVA or back for a do over in the SCL venue. This eventually devolves into a game of being able to manufacture N&RE in vast quantities and hoarding it to insert as necessary.

I personally think the kicker is that you can  make a u turn after the BVA loss and begin anew at the SCL with more evidence and keep you filing date. As usual, we’re going to learn by error. My attitude about the HLR Lane is decidedly negative. I’m pretty sure it will be a “What part of ‘no’ don’t you understand, sailor?”

And boy howdy, if you even thought the BVA was more constipated than a sailor on a desert isle with a pallet of American cheese right now, well… you ain’t seen nothin’ yet, honey. This is going to be a fustercluck of epic proportions. They have 600,000 Legacy claims still sitting there.

So, in review, there are no more RAMP claims. They ceased on February 14th, 2019 at 1630 Hrs Local. On February 19th, 2019 at 0800, we commenced the new AMA. If you have a Legacy claim, you can keep it. I know that lead-in sounds suspiciously like the Obamacare promise but it’s true. You can drive your Legacy to the end and take it to the CAVC. Or….the moment the VARO issues you a SOC or SSOC, you can opt in to the AMA and go to the BVA for one of the three choices I discussed above. It’s a smorgasbord of choices-sort of a mix-and-match or a salad bar.

Most of my clients are very ill so I try to get Travel Board hearings whenever possible. If the schedule is too crowded, the option is there to go to DC and do it at 810 Yellow Brick Rd. NW. All my folks are in the Tidewater region anyway so it’s six of one and half a dozen of another. Kill two birds with one stone.

About asknod

VA claims blogger
This entry was posted in Appeals Modernization Act, BvA Decisions, Humor, KP Veterans, NOVA Attorneys, VA Agents, VA Attorneys, VA RAMP, VA suspense dates, Veterans Law and tagged , , , , , , , , , , , , , . Bookmark the permalink.

10 Responses to THE NEW APPEALS MODERNIZATION ACT…AND MORE

  1. Gary Butler says:

    No reply Mr. – Asknod 😉
    I’ve done it publicly before but want to do it again publicly. For those of us who have been to Attorney Websites, Hadit.com Et al with advertising, popups etc., it is so nice to have a place with a simple search box plus unending information, then if you are still to slow to completely understand the issue a place to ask a question AND get the answer. THANK YOU, you are a god send for those of us trying to do it without a VSO.

  2. woodguy11 says:

    When does your effective date begin? Claim date or at the NOD. They paid me starting at the NOD.

    • asknod says:

      Date of entitlement is two dates. If it’s an original claim, it’s from date of filing. On the other hand, if it’s a claim for increase, then it’s the date they can ascertain your condition worsened. They can legally go back a year prior to filing on an increase for the effective date. An original claim in VAspeak, is the day you filed for something after you got out. In VAworld, there is only one claim. There are different diseases and injuries as you go on that you file for or reopen after denial but there is only one “original” claim.

  3. With regard to the “600,000 Legacy” appeals, are these pre-CAVC folks? Are these post-remand CAVC folks? How many Appellants are currently at the CAVC? Is there a link to either or?? Appreciation for your road-mapping the new-thingee.

    • asknod says:

      600,000 (approximately) is the number of BVA appeals. It has nothing to do with the CAVC. The AMA has nothing to do with the Federal system. There is no backlog at the CAVC. At best, I think the record of most appeals/year keeps going up. You can check the docket numbers. 2018 was about 4,200 plus or minus.

      • Michael Oliver says:

        Perhaps the CAVC may not have any “backlog” albeit their so-called production rate of Decisions appears pathetic with all of nine on today’s schedule. My attorney told me he has one client waiting since July for a simple decision. I’m also waiting but not since July!

        • asknod says:

          You desire hasty justice over well thought out decisions? Being docketed at the CAVC is merely the first step, not the beginnings of a decision. Case law must be studied and so much more -including your c-file. The reason you’re there is someone did a wham-bam denial on you. CAVC overturns 74% of what comes to them. Statistically, you stand a good chance of a win. Rushing it would overlook something that might help you prevail.

  4. Gary Butler says:

    A question if I may? I have a July 2018 decision That I NOD’ed on Aug 2018. Can I withdraw that NOD and immediately file with the N&RE lane direct to the Board, thus eliminating the 24 month wait for a SOC from RO?

    • asknod says:

      Sorry, Gary. Unless or until you get a SOC, you cannot advance to the new system from Legacy. I email (or write) the Appeals team at the RO involved and ask them to just issue the SOC and set me free. Most are agreeable as it gets the claim off their desk.

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