APPEALS BRIEFING Fiscal Year 2021 Aaron Filsinger VSCM Indianapolis

APPEALS BRIEFING Fiscal Year 2021 Aaron Filsinger VSCM Indianapolis December 2020

What is AMA? AMA is The Veterans Appeals Improvement and Modernization Act of 2017 Signed into law August 23, 2017; fully implemented February 19, 2019 One of the most significant statutory changes to effect VA and Veterans in decades New process is simple, timely, and fair to Veterans which offers a greater choice in resolving disagreements in VA decisions 2

Why Change? Veterans deserve an earlier resolution Greater choice of options and easier to understand Creates a new claims and appeals process that is simple, timely, transparent and fair, and enables earlier resolution of decisions VBA’s goal for decisions under the Higher-Level Review & Supplemental Claim lanes is 125 days on average 3

Who Does This Impact? All VA Administrations (VBA, VHA, VCA) All VBA claimants (Veterans, survivors, and other beneficiaries) All VA Business Lines (Compensation, Pension & Fiduciary, Loan Guaranty, VR&E, Insurance, and Education) All VBA claims and appeals personnel 4

Appeals-Legacy System 5

Pending Legacy Appeals Claimants with a pending legacy appeal may “opt-in” to the new modernized review system 1. Test Programs (concluded) --- Rapid Appeals Modernization Program (RAMP) --- Board Early Applicability of Appeals Modernization (BEAAM) 2. Opt-in from a SOC/SSOC ---Available after the effective date of the new law ---Must be filed within 60 days of receipt of SOC/SSOC, or within the one-year appeal period ! The claimant may not return to the legacy process once opt-in has been chosen for that issue 6

AMA offers three options: Three-option framework to choose from when dissatisfied with VA’s decision Higher-Level Supplemental Board Appeal Review Claim New evidence Conducted at Regional Office Same evidence Conducted at Decision Review Operations Center (DROC) Submits NOD Conducted at the Board of Veterans’ Appeals 7

Three Review Options 8

How to Opt-In Claimants must file an opt-in request within 60 days of receipt of the SOC/SSOC, or within the one-year appeal period if still within that timeframe. (see 38 CFR 3.2400(c)(2)) Claimants will use the new enterprise-wide VA forms to “opt-in” a legacy appeal into the modernized system. VA Form 20-0995, Decision Review Request: Supplemental Claim VA Form 20-0996, Decision Review Request: Higher-Level Review VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement) 9

Impact to Indiana Veterans Pending as of December 1, 2018 Pending as of December 1, 2020 10

Impact of COVID-19 Exams Hearings Public Contact ACE/Mental Tele-health Send in evidence Utilize PPE for in-person visits Virtual Same result; Never leave home Visits by appointment Utilize PPE 12

Fiscal Year 2021 Focus Current Remand Inventory 35,743 Remand Inventory by end of March 2021 17,000 Completion of Legacy Appeals 13

Questions 14