VA Resolves Majority of Legacy Appeals
Aug 19, 2020
Tampa, FL (Law Firm Newswire) August 19, 2020 – The U.S Department of Veterans Affairs (VA) announced that it had reached a significant milestone in its Legacy Appeals Resolution Plan (LARP). The LARP addressed appeals that the VA received before implementing the Appeals Modernization Act of 2017 (AMA). In early 2019, VA instituted a new claims process under the AMA. The process provided veterans with multiple avenues to address their appeals. However, issues arose because VA had a backlog of claims that they received before the implementation of AMA.
VA provided Veterans with the ability to opt into the AMA process. However, the process is complicated, and many Veterans were unclear about how the change would impact their claims. Veterans advocates specifically noted concerns with appealing a decision in the legacy process as opposed to appealing a decision with AMA. The Legacy process allowed veterans to specifically choose what they wanted to appeal, such as the decision or the low service connection rating. Whereas, the AMA provides Veterans with one of three options; the supplemental claim lane, higher-level review or Board of Veterans Appeals.
LARP provided VA with a strategic plan to modernize its IT systems, resolve pending appeals and provide Veterans with the benefits they deserve. Their initial goal was to address all legacy appeals by the end of 2022. The VA continues to meet its target goals, and it has resolved the majority of non-remand cases ahead of its goal. Before implementing the AMA, there were over 400,000 legacy appeals; however, there has been a 50 percent reduction in pending appeals.
Further, VA announced that the VBA’s Management Office changed its name to the Office of Administrative Review (OAR). OAR’s goal is to reduce the pending legacy remand claims, administer the higher-level review program, and oversee Decision Review Operations Centers. VA asserts that they are on the path to meet the goals of their LARP.
Despite VA’s new system, Veterans continue to face difficulties navigating the complicated system to obtaining benefits. Tampa Bay Veterans disability benefits attorney, David W. Magann, advises Veterans that attorney representation during this process is critical to a quick and successful resolution of their claims. Attorney Magann reminds Veterans that VA requires Veterans to follow all procedural and substantive requirements, otherwise appeals are summarily dismissed without review.
Learn more at http://www.tampaveteranslawyer.com/.
David W. Magann, P.A.
Main Office:
156 W. Robertson St.
Brandon, FL 33511
Call: (813) 657-9175
Tampa Office:
4012 Gunn Highway #165
Tampa, Florida 33618
View Larger Map
- Veterans Statistics At A Glance
Gulf War Veterans, Persian Gulf War, The Global War on Terror (GWOT), Operation Enduring Freedom (OEF), Operation Iraqi Freedom (OIF), Operation Freedom’s Sentinel (OFS) and ongoing conflicts : Gulf War-era II veterans served on active duty in the U.S. Armed Forces any time since September 2001. In 2015, there were 3.6 million veterans who had served during Gulf War Era II. U.S. combat operations in Afghanistan ended on December 31, 2014. As part of Operation FREEDOM’S SENTINEL (OFS), U.S. forces remain in the country to participate in a coalition mission to train, advise, and assist Afghan National Defense and Security […] - Agent Orange Claims
The VA’s general regulations implementing the laws related to Agent Orange are found at 38 C.F.R. § 3.307. Also, specific provisions relating to Agent Orange are found at 38 U.S.C. § 1116. In essence, specific medical conditions are presumed to be related to exposure to Agent Orange in service. The claim will still need to be supported by an adequate medical diagnosis of the condition and proof of those requirements for service location(s) as outlined below. Generally, veterans who served in the Country of Vietnam are presumed to have been exposed, but other types of exposure may require direct proof. […] - Camp Lejeune: Water Contamination Update, Presumptive Conditions
From the 1950s through the 1980s, people living or working at the U.S. Marine Corps Base Camp Lejeune, North Carolina, were potentially exposed to drinking water contaminated with industrial solvents, benzene, and other chemicals. VA has established a presumptive service connection for Veterans, Reservists, and National Guard members exposed to contaminants in the water supply at Camp Lejeune from August 1, 1953 through December 31, 1987 who later developed one of the following eight diseases: Adult leukemia Aplastic anemia and other myelodysplastic syndromes Bladder cancer Kidney cancer Liver cancer Multiple myeloma Non-Hodgkin’s lymphoma Parkinson’s disease Presently, these conditions are the only […]
