What this means
m21-5:4.1 explains definition: modernized appeals (decision reviews). In plain terms, the official guidance says the AMA created three options, or lanes, for claimants to seek review of their VA benefits decisions: two lanes within VBA (HLR and supplemental claim) and one lane at the Board (the appeal). The table below shows the differences between the lanes within VBA: It also addresses the table below shows the differences between the reviews at the Board:
How this may help with a claim
Use m21-5:4.1 to audit how VA handled definition: modernized appeals (decision reviews). Start with the decision date, the issue being reviewed, and the evidence VA was allowed to consider, then compare the record with this rule: The AMA created three options, or lanes, for claimants to seek review of their VA benefits decisions: The table below shows the differences between the reviews at the Board: Cite the exact document and page when raising a factual or procedural error, and use the review rights in the actual notice for any deadline.
What to review in your file
- Check the file against this official condition: other changes required by the Appeals Modernization Act (AMA)
- Confirm that the record or notice addresses this source point: creating new appeals options, or reviews, within the Board of Veterans’ Appeals (Board).
- Document how this stated step or exception applies: 4.1.b. Other Changes Required by AMA
Important limits
m21-5:4.1 explains VA guidance for definition: modernized appeals (decision reviews); it does not guarantee an award or replace the statutes, regulations, binding decisions, and review instructions that control an individual claim. Conditions and exceptions still matter, including this source point: The AMA created three options, or lanes, for claimants to seek review of their VA benefits decisions: Appellants may seek review of Board decisions by appealing to the Court of Appeals for Veterans Claims (CAVC), or by filing supplemental claims at regional offices.
Search terms when useful
Phrases that may help when searching your claim file or this library.
- Definition: Modernized Appeals (Decision Reviews)
- m21-5:4.1
- Definition Modernized Appeals
- Decision Reviews
- Modernized Appeals
- definition modernized appeals decision
- other changes required Appeals
- differences between lanes
Original VA guidance
The official VA text of this section
1. General Information on Modernized Appeals
Introduction
This topic contains general information on modernized appeals, including
- definition of modernized appeals (decision reviews)
- other changes required by the Appeals Modernization Act (AMA)
- differences between the VBA lanes, and
- differences between Board reviews.
Change Date
April 3, 2024
4.1.a. Definition: Modernized Appeals (Decision Reviews)
Public Law 115-55, the Veterans Appeals Improvement and Modernization Act of 2017 (AMA) was signed into law on August 23, 2017, and it became effective on February 19, 2019. AMA provides three choices for claimants dissatisfied with VA’s decisions, including
- authorizing two new decision reviews options, or lanes, such as
- higher-level reviews (HLRs), and
- supplemental claims
- creating new appeals options, or reviews, within the Board of Veterans’ Appeals (Board).
References: For more information on modernized appeals and the AMA, see
- Appeals Modernization, and
- Public Law 115-55.
4.1.b. Other Changes Required by AMA
Additional changes in the AMA included:
- expanded, eight-point notice requirements for VA decisions
- protecting effective dates for continuously pursued claims
- binding VA and Board adjudicators to findings favorable to a claimant, and
- establishing the Board as the appeals agency of jurisdiction and Veterans Benefits Administration (VBA) as the claims agency of jurisdiction.
4.1.c. Differences Between the VBA Lanes
The AMA created three options, or lanes, for claimants to seek review of their VA benefits decisions: two lanes within VBA (HLR and supplemental claim) and one lane at the Board (the appeal). The table below shows the differences between the lanes within VBA:
Scroll sideways to see the full table.
| Differences | Higher-Level Review | Supplemental Claim |
|---|---|---|
| Ability to submit new evidence? | No, closed record | Yes, new and relevant |
| Time limit to file after date of decision notification? | One year | None, but no effective date protection after one year |
| Does Duty to Assist (DTA) Exist? | No | Yes |
| End product (EP)? | 030 | 040 |
| Decisionmakers? | Decision Review Officers (DROs), Authorization Veterans Service Representatives (GS-11 VSRs), and Authorization Quality Review Specialists (AQRSs) | Veterans Service Representatives (VSRs), Rating VSRs (RVSRs) |
4.1.d. Differences Between Board Reviews
The table below shows the differences between the reviews at the Board:
Scroll sideways to see the full table.
| Differences | Direct | Evidence Only | Hearing |
|---|---|---|---|
| Ability to submit new evidence? | No, closed record | Yes | Yes |
| Time limit to file evidence? | No evidence | 90 days after NOD or move to docket | 90 days after hearing |
| Does DTA exist? | No | No | No |
| Hearing available? | No | No | Yes |
Note: Appellants may seek review of Board decisions by appealing to the Court of Appeals for Veterans Claims (CAVC), or by filing supplemental claims at regional offices. The latter requires either submitting or citing new and relevant evidence. However, claimants may not directly contest Board decisions by requesting HLRs of them. Nevertheless, claimants may request HLRs of RO decisions effectuating Board decisions when granting downstream issues, such as assigning an effective date or evaluation.