Choices Under the AMA

3. Choosing Modernized Decision Reviews on Legacy Appeals

Introduction

This topic includes general guidance on using appeal decisions, such as SOCs and SSOCs, to solicit elections for reviews and claims under AMA including:

• choices under the AMA
• using SOCs/SSOCs to solicit AMA elections
• informing appellants of the options
• what VA requires for AMA elections
• forms to choose AMA lanes, and
• closing appeals and establishing AMA elections.

Change Date

April 14, 2026

4.3.a. Choices Under the AMA

AMA maintains the ability of claimants to appeal to the Board, but proposes significant procedural changes to those appeals. For example, the Board now assumes jurisdiction of all appeals from the initial NOD, as opposed to the previous receipt of a completed VA Form 9, Appeal to the Board of Veterans' Appeals.

AMA also offers legacy appellants the ability to choose, or opt into, two VBA lanes to review their benefits decisions:

• HLRs, and
• supplemental claims

Essentially, HLRs consider the evidentiary record as it existed at the time of notification of the prior decision under review, while supplemental claims require either identification or submission of new and relevant evidence.

4.3.b. Using SOCs/SSOCs to Solicit AMA Elections

The law allows claimants with legacy appeals to opt-in to any of the three AMA review lanes. A legacy appeal stems from any decision (whether from original, new, or reopened claims, or SOCs/SSOCs) VA made before February 19, 2019. Elections to participate in the AMA review programs automatically withdraw associated issues from the legacy Board docket. HLRs and supplemental claims are reviews, rather than Board appeals. Of note, opting into an AMA Board appeal lane will remove the appeal from the legacy system and may result in the assignment of a new, and later, AMA docket number. There is no guarantee that an AMA appeal will be decided sooner than the legacy appeal originally pending.

If the claimant opts into an HLR or supplemental review, the claimant may later appeal any issues to the Board after VA decides the associated HLRs or supplemental claims, if the claimant disagrees with VA's decisions. However, these are new appeals under the AMA, and would receive new Board docket numbers upon appeal.

Claimants are free to choose various review options when an appeal has multiple issues (i.e., claimants may simultaneously opt into different lanes for different issues). However, each issue must have its own distinct lane - a claimant may not pursue the same issue in two different lanes simultaneously. Claimants also may not separate issues that are inextricably intertwined.

A claimant with a legacy appeal has the later of two dates to submit an election for review under AMA:

• 60 days from the date of issuance of the SOC/SSOC, or
• the remainder of the one-year period from the date of notification of the decision under review.

Reference: For decision reviews simultaneously received for the same contentions in different lanes, see M21-5, Chapter 4, Topic 2.h.

4.3.c. Informing Appellants of the Options

When issuing SOCs or SSOCs on or after February 19, 2019, add the following text using the glossary in VBMS:

On August 23, 2017, the President signed into law the Veterans Appeals Improvement and Modernization Act of 2017 (Appeals Modernization Act), creating a modernized review system for claims and appeals. The modernized appeals system took effect on February 19, 2019, and provides streamlined choices for seeking review of your VA claim decision. You are eligible to opt-in to this new process based on your receipt of this Statement of the Case or Supplemental Statement of the Case. If you continue to disagree with our decision, please refer to the enclosed fact sheet for a more thorough explanation of your decision review options and submission deadlines should you decide to opt-in. If you wish to remain in the legacy process, please follow the instructions above regarding actions required to request further review of your appeal.

Also, ensure the following forms are attached to the SOC/SSOC and listed as enclosures:

• VA Modernized Decision Review System SOC/SSOC Opt-In Fact Sheet
• VA Form 20-0998, Your Right to Seek Review of Our Decision
• VA Form 9

Rationale: Unless already of record, enclose VA Form 9 in the event the appellant prefers to perfect the legacy appeal rather than opt for a modernized decision review.

4.3.d. What VA Requires for AMA Elections

An election to an AMA review from a legacy appeal must include a completed application for the lane desired (see M21-5, Chapter 4, Topic 3, e), and be submitted within 60 days of an issued Statement of the Case (SOC)/Supplemental Statement of the Case (SSOC).

Once VA receives an application for a decision review within 60 days of an SOC or SSOC, inform the claimant that VA accepted the request for further review and withdrew the legacy appeal.

If the application is received outside of the 60-day window, advise that VA will not take action because another decision on the same issue is pending within the legacy appeal framework.

Reference: For more information on completed applications, see 38 CFR 3.160(a).

4.3.e. Forms for AMA Lanes

VA requires the following completed forms from individuals seeking review of the decisions under the AMA.

• VA Form 20-0995, Decision Review Request: Supplemental Claim and/or,
• VA Form 20-0996, Decision Review Request: Higher-Level Review.

Reference: For more information on a complete claim, see 38 CFR 3.160(a).

4.3.f. Closing Appeals and Establishing AMA Elections

Follow the prompts in VBMS to withdraw an issue from a Board appeal after receiving an AMA election. VBMS will automatically close the Veterans Appeals Controls and Locator System (VACOLS) record. Likewise, follow the prompts in VBMS to establish the new HLR or supplemental claim resulting from the election solicited by the SOC/SSOC.