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Monthly Archives: November 2018

THE KEY DIFFERENCE BETWEEN SUPPLEMENTAL CLAIMS UNDER VAIMA AND REOPENED CLAIMS

For decisions issued after 14 Feb 19, the VAIMA appeal system applies and you will no longer be able to reopen claims with new and material evidence.  Instead, you will have to file a supplemental claim if you wish to revisit a previously denied claim.  While this will require the agency to issue a new […]

SUPPLEMENTAL CLAIMS UNDER VAIMA

In many cases, you may be well-advised to initially filed a supplemental claim as opposed to going directly to a higher-level review or filing a Notice of Disagreement (“NOD”) with the Board of Veterans Appeals (“BVA”).  You can file a supplemental claim seeking benefits previously denied on higher-level review or by the either the BVA […]

HIGHER LEVEL REVIEW UNDER VAIMA

A higher-level review on the Regional Office (“VARO”) level is done by an experienced adjudicator and is essentially a de novo review of the claim. However, the reviewer will only the evidence in the record when the decision under appeal was made.  This means that you cannot submit new evidence to the higher- level reviewer […]

OPTIONS FOR APPEAL UNDER THE NEW VAIMA APPEALS SYSTEM

Under the new appeals system created to implement the change enacted by the Veterans Appeals Improvement and Modernization Act (“VAIMA”), you will have the option of requesting a higher-level review by an experienced adjudicator on the Regional Office (“VARO”) level, file a supplemental claim or go directly to a Notice of Disagreement with the Board […]

MAJOR CHANGES TO VA APPEALS UNDER VAIMA

The appeals systems designed under the Veterans Appeals Improvement and Modernization Act (“VAIMA”) will go into effect on 14 Feb 19 with respect to all cases in which a Regional Office has (“VARO”) issued a decision before that date. The good news is that his act will require RO adjudicators to issue more detailed decisions […]

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