What this means
m21-5:7.D.5 explains choices under the AMA. In plain terms, the official guidance says the AMA maintains the ability of claimants to appeal to the Board of Veterans’ Appeals (Board), albeit with some significant procedural changes. It also addresses AMA also offers appellants the ability to choose, or opt-in to, two new lanes for benefits decision reviews:
How this may help with a claim
Use m21-5:7.D.5 to audit how VA handled choices under the AMA. 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 maintains the ability of claimants to appeal to the Board of Veterans’ Appeals (Board), albeit with some significant procedural changes. AMA also offers appellants the ability to choose, or opt-in to, two new lanes for benefits decision reviews: 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: Essentially, HLRs consider the evidentiary record as it existed at the time of the prior contested decision, while supplemental claims require either the identification or submission of new and relevant evidence.
- Confirm that the record or notice addresses this source point: The law allows claimants with legacy appeals to opt-in to the two AMA review lanes for issues that are part of those appeals.
- Document how this stated step or exception applies: The AMA maintains the ability of claimants to appeal to the Board of Veterans’ Appeals (Board), albeit with some significant procedural changes.
Important limits
m21-5:7.D.5 explains VA guidance for choices under the AMA; 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 maintains the ability of claimants to appeal to the Board of Veterans’ Appeals (Board), albeit with some significant procedural changes. The law allows claimants with legacy appeals to opt-in to the two AMA review lanes for issues that are part of those appeals.
Search terms when useful
Phrases that may help when searching your claim file or this library.
- Choices Under the AMA
- m21-5:7.D.5
- Choices Under AMA
- Choices Under Appeals Modernization
- This topic includes guidance
- choices under
- using SOCs SSOCs solicit
- 7.D.5.a. Choices Under
Original VA guidance
The official VA text of this section
5. Choices Under the Appeals Modernization Act (AMA)
Introduction
This topic includes general guidance on using appeal decisions, such as SOCs and SSOCs, to solicit elections for reviews and claims under the Veterans Appeals Improvement and Modernization Act of 2017, Public Law 115-55, 131 Stat. 1105 including:
- choices under the AMA, and
- using SOCs/SSOCs to solicit AMA elections.
Change Date
October 15, 2020
7.D.5.a. Choices Under the AMA
The AMA maintains the ability of claimants to appeal to the Board of Veterans’ Appeals (Board), albeit with some significant procedural changes. For example, the Board now assumes jurisdiction of all appeals from the initial notice of disagreement, as opposed to the prior moment of certification.
AMA also offers appellants the ability to choose, or opt-in to, two new lanes for benefits decision reviews:
- higher-level reviews (HLRs), or
- supplemental claims.
Essentially, HLRs consider the evidentiary record as it existed at the time of the prior contested decision, while supplemental claims require either the identification or submission of new and relevant evidence.
7.D.5.b. Using SOCs/SSOCs to Solicit AMA Elections
The law allows claimants with legacy appeals to opt-in to the two AMA review lanes for issues that are part of those appeals. A legacy appeal stems from any decision (involving original, new, or reopened claims, and SOCs or SSOCs) VA made before February 19, 2019. An election to participate in the new AMA review programs received within 60 days of the date of the SOC/SSOC, or within one year after the notice of the original contested decision, whichever is later, results in withdrawing the legacy appeal for those issues. However, claimants may still appeal to the Board those same issues after VA issues a decision on the HLR or supplemental claim.
Any issues on the SOC/SSOC that are not listed in an AMA election will remain under legacy appeals procedures.
References: For more information on:
- using SOCs and SSOCs to solicit elections for the AMA claims reviews, see M21-5, Chapter 4, Topic 3, and
- the time limit to submit an election for an AMA lane, see 38 CFR 19.2(d) and 3.2400(c)(2).