AMA Effective Dates and FAQ
Effective dates and intent-to-file information from the Office of Field Operations.
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Office of Field
Operations
APPEALS MODERNIZATION NCC
BACKGROUND INFORMATION, SCRIPT, PROCEDURAL GUIDANCE, & FAQS
ISSUED DATE: FEBRUARY 11, 2022
BACKGROUND INFORMATION
The Veterans Appeals Improvement and Modernization Act of 2017 (AMA) was signed into law on
August 23, 2017. The law is the result of collaborative efforts between VA, Congressional staff, and
Veterans Service Organizations. Full implementation of the new legislation occurred on February 19,
2019. The review system applies to all claims for which a notice of decision is provided by the agency
of original jurisdiction on or after that date. Claimants who received decisions prior to the effective
date of the new system had the option to file an appeal under the legacy process.
The law modernized VA’s claims and appeals process by:
• Providing review options for claimants who disagree with VA decisions
• Updating and improving the elements of notice for all VA decisions
• Mandating and protecting findings favorable to claimants
• Increasing protection for effective dates when a claim is continuously pursued
Decision Notices
Under AMA, decision notices must include all the following:
identification of the issues adjudicated;
a summary of the evidence considered by VA;
a summary of applicable laws and regulations;
Disabilities determined by VA to be related to your military service can lead to monthly non-taxable compensation, enrollment in the
VA health care system, a 10-point hiring preference for federal employment and other important benefits. Ask your VA
representative or Veterans Service Organization representative about Disability Compensation, Pension, Health Care, Caregiver
Program, Career Services, Educational Assistance, Home Loan Guaranty, Insurance and/or Dependents and Survivors’ Benefits.
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identification of findings favorable to the claimant;
in the case of a denial, identification of elements not satisfied leading to the denial;
an explanation of how to obtain or access evidence used in making the decision;
if applicable, identification of the criteria that must be satisfied to grant the benefit sought; and
an explanation of the three review options and identification of the required forms to pursue
each lane.
Note: VA Form 20-0998, Your Right to Seek Further Review of Our Decision, replaced VA Form
4107, Your Rights to Appeal Our Decision.
Options for Review
The AMA decision review framework features three clear lanes for a claimant to address a
disagreement with a VA decision. See flowchart for visual representation of below information.
Higher-Level Review: review of the same evidence by a higher-level adjudicator in the agency of
original jurisdiction
This option allows no additional evidence to be submitted in support of the claim and no
hearing requests.
A Higher-Level Review consists of an entirely new review of the claim by an experienced
adjudicator.
Factual findings that are favorable to the claimant cannot be changed unless there is
evidence to the contrary that is clear and unmistakable.
VA cannot assist the claimant in developing additional evidence. However, if the Higher-
Level Reviewer discovers an error in VA’s duty to assist in the prior decision, the reviewer
will return the claim for correction of the error (unless the Higher-Level Reviewer can grant
the maximum benefit without correction of the error).
The claimant or representative can request an optional one-time telephonic informal
conference with the Higher-Level Reviewer to identify specific errors in the case.
Required Form: VA Form 20-0996, Decision Review Request: Higher-Level Review
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Supplemental Claim: submission of new and relevant evidence with a Supplemental Claim to the
agency of original jurisdiction
This option allows for submission of additional evidence that is new and relevant to
support the claim. New and relevant evidence must either accompany the Supplemental
Claim or be identified at the time the Supplemental Claim is filed. The evidence may be
secured while the Supplemental Claim is pending.
Factual findings that are favorable to the claimant cannot be changed unless there is
evidence to the contrary that is clear and unmistakable.
VA will assist the claimant in gathering new and relevant evidence to support the claim that
has been identified by the claimant in the Supplemental Claim submission.
VA’s review will include any new and relevant evidence submitted since VA last made a
decision on the claim.
Required Form: VA Form 20-0995, Decision Review Request: Supplemental Claim
Appeal to the Board of Veterans Appeals: review by a Veterans Law Judge at the Board of
Veterans Appeals (the Board) by filing a Notice of Disagreement.
The appellant must elect a docket when submitting the Notice of Disagreement. The Board will
maintain three separate dockets for handling the following categories of appeals:
o (1) Appeals where the appellant has requested a hearing (Hearing Docket),
o (2) appeals with no request for a hearing but where the appellant elects to submit other
forms of evidence (Evidence Docket), and
o (3) appeals where the appellant requests Board review on the same evidence that was
before the agency of original jurisdiction (Direct Docket).
A hearing before the Board may be conducted via electronic means or via an in-person hearing
held at the Board’s principal location in Washington, DC.
Factual findings that are favorable to the claimant cannot be changed unless there is evidence
to the contrary that is clear and unmistakable.
The Board cannot assist the appellant in developing additional evidence. However, if the
Board discovers an error in VA’s duty to assist in the prior decision, it will return the appeal for
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correction of the error (unless the Board determines VA can grant the maximum benefit
without correction of the error).
Required Form: VA Form 10182, Decision Review Request: Board Appeal (Notice of
Disagreement)
Effective Date Protections/Continuously Pursued Claim
A claimant who is not fully satisfied with the result of any decision review lane has one year to seek
further review to preserve an effective date for benefits based upon the original filing date of the
claim.
Example: A claimant could go straight from an initial agency of original jurisdiction decision
on a claim to an appeal to the Board. If the Board decision is not favorable, the claimant would
have one year to submit new and relevant evidence to the agency of original jurisdiction in a
Supplemental Claim without fearing loss of the effective date for choosing to go to the Board
first.
A claimant may continuously pursue a claim or an issue by timely and properly filing one of the
following decision review options, as specified, after any decision by the agency of original
jurisdiction, Board of Veterans’ Appeals, or entry of judgment by the U.S. Court of Appeals for
Veterans Claims (CAVC) (provided that any appeal to the CAVC is timely filed as determined by the
court):
(1) Following notice of a decision on a Supplemental Claim, the claimant may file another
Supplemental Claim, request a Higher-Level Review, or appeal to the Board.
(2) Following notice of a decision on a Higher-Level Review, the claimant may file a
Supplemental Claim or appeal to the Board.
(3) Following notice of a decision on an appeal to the Board, the claimant may file a
Supplemental Claim or appeal the CAVC.
(4) Following entry of judgment on an appeal to CAVC, the claimant may file a Supplemental
Claim.
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Withdrawal
A claimant/appellant, or authorized representative, may, in writing, withdraw a Supplemental Claim,
a request for a Higher-Level Review, or a Notice of Disagreement at any time before VA renders a
decision on the issue. A claimant may also change the decision review lane selected by withdrawing
the request and filing the appropriate application form for the requested decision review lane within
one year from the date on which VA issued notice of a decision on an issue.
Processing Decision Review Requests
Higher-Level Reviews are processed under End Product (EP) 030.
Note: Certain 030 EPs are established when carrying out a Board decision. These specific 030s
are not considered Higher-Level Reviews. Examples of these 030 series claims labels include:
o Board Grant Rating
o Board Grant Non-Rating
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Supplemental Claims are processed under EP 040.
Note: Certain 040 EPs are established when re-adjudication is necessary based on duty to
assist (DTA) error noted by either the Board or a Higher-Level Reviewer. Examples of these
040 series claim labels include:
o HLR DTA Error – Rating
o HLR DTA Error – Non-Rating
o Board DTA Error Rating
o Board DTA Error Non-Rating
o Board DTA Error – w/IMO
All existing priority processing rules apply to EPs 030 and 040.
The offices responsible for processing the decision review requests, legacy appeals, and RAMP claims
are outlined in the following chart:
SUGGESTED SCRIPT FOR GENERAL INQUIRIES ABOUT AMA
“VA has redesigned and streamlined the appeals system. The new decision review process meets
Veterans’ expectations; it is timely, transparent, fair, and is designed to provide Veterans greater
choice for resolution of their disagreements with VA's benefit decisions. Veterans should have
confidence that if they disagree with a decision VA has made, they can have the decision reviewed
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while receiving the highest quality of service. The new decision review system applies to all claims
decided on or after February 19, 2019.”
SUGGESTED SCRIPT FOR DISAGREEMENT PROCESS (NOT APPLICABLE TO SIMULTANEOUSLY
CONTESTED CLAIMS)
“For decisions made on or after February 19, 2019, if you do not agree with our decision, you have one
year from the date of your notification letter to select from three possible decision review options, or
“lanes,” to protect the earliest effective date. You must file your request on the required application
form for the desired decision review lane. Decision review lanes include a Higher-Level Review,
which is a review of the same evidence by a higher-level adjudicator in the agency of original
jurisdiction; a Supplemental Claim, which includes submission of new and relevant evidence to the
agency of original jurisdiction; or an Appeal to the Board of Veterans Appeals, which is a review by a
Veterans Law Judge at the Board of Veterans Appeals (the Board) by filing a Notice of Disagreement.
Additional information about each lane and required forms may be found in the VA Form 20-0998,
Your Right To Seek Review Of Our Decision, attached to your decision notice or I may answer any
questions for you.”
PROCEDURAL GUIDANCE
Public Contact Representatives (PCRs) are responsible for responding to inquiries about:
The decision review process and available lanes
o PCRs must not provide recommendations on lane selection. VA personnel should
encourage claimants to speak with their representative about which choices are best for
their individual situation.
Decision notices
Instruction on obtaining required forms and timeframes for submission
o PCRs must offer all available options to obtain VA forms (mail/fax/email/download)
and provide instruction on returning the form within the applicable time limit.
Status of decision reviews
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o For claimants requesting the status of a Higher-Level Review or Supplemental Claims,
PCRs must utilize existing status of claim scripts. PCRs must not provide the estimated
timeframe for completion from CRM/UD-O claim status scripts. PCRs must provide the
average/goal timeframe of 125 days for completion.
o For appellants requesting the status of an appeal to the Board, PCRs must provide status
using Board status of appeal scripts.
o If a claimant indicates he/she missed a call from VA regarding an informal conference
under the Higher-Level Review process, PCRs must review the system of record to
locate the requested information entered by VA personnel and document the claimant’s
response on VA Form 27-0820, Report of General Information.
All Priority Processing requirements apply to the decision reviews.
Claim and Appeal Processing Referrals apply to the decision reviews.
FREQUENTLY ASKED QUESTIONS
Q1. WHAT IS THE DIFFERENCE BETWEEN AN “INITIAL CLAIM” AND A “SUPPLEMENTAL CLAIM”?
A1: An “initial claim” is a claim for a benefit other than a Supplemental Claim, including the first filing
by a claimant (original claim) and a subsequent claim filed by a claimant for an increase in a disability
evaluation, a new benefit, or a new disability. A “Supplemental Claim” is a claim for benefits filed by a
claimant who had previously filed a claim for the same or similar benefits on the same or similar
basis. VA is required to readjudicate the claim if new and relevant evidence is presented or secured
with respect to a Supplemental Claim.
Q2. DOES THE EVIDENTIARY RECORD CLOSE WHEN AN INITIAL CLAIM IS DECIDED?
A2: The evidentiary record for a claim before the agency of original jurisdiction closes when VA issues
notice of a decision on said claim. A claimant may reopen the evidentiary record by submitting a
Supplemental Claim or claim for an increase on the prescribed application form. Submission of a
substantially complete initial or Supplemental Claim also triggers VA’s duty to assist in the gathering
of evidence under §3.159. The evidentiary record also reopens when a claim must be readjudicated
due to identification of a duty to assist error on Higher-Level Review or by the Board. Whenever the
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record reopens, evidence submitted to the agency of original jurisdiction while the record was closed
will become part of the record to be considered for a subsequent adjudication.
Q3. DOES THE REQUIREMENT TO “PROTECT FINDINGS FAVORABLE TO A CLAIMANT” MEAN AN AWARD
CANNOT BE REDUCED OR DISCONTINUED?
A3: No. The ‘‘favorable finding’’ rule protects findings relating to a disability evaluation for a
particular period of time but does not preclude a subsequent finding that the disability thereafter
improved. Changes in the underlying facts that led to the original award may warrant a
discontinuance or reduction of a running award.
Q4. CAN I CHOOSE MULTIPLE REVIEW OPTIONS IF MY CLAIM INCLUDED MULTIPLE ISSUES?
A4: A claimant may request one of the three decision review lanes (Higher-Level Review,
Supplemental Claim, appeal to the Board) for each issue decided by VA. A claimant is not limited to
choosing the same decision review lane for a decision that adjudicated multiple issues. An issue for
this purpose is an adjudication of a specific entitlement. With respect to service-connected disability
compensation, an issue would be entitlement to compensation for a particular disability (and any
ancillary benefits). For example, a claimant seeks disability compensation for a knee disability and for
a mental disorder. Once the claimant receives an initial decision on both, it is permissible for the
claimant to elect to place the knee issue and the mental disorder issue in separate lanes under the new
decision review process. The claimant may not, however, challenge the effective date assigned for the
knee in one lane, and simultaneously challenge the assigned degree of disability for the knee in
another lane.
Q5. DO INTENT TO FILE OR REQUEST FOR APPLICATION RULES APPLY TO THE THREE DECISION REVIEW
LANES?
A5: Intent to file (ITF) does not apply to requests for Higher-Level Reviews or appeals to the Board of
Veterans’ Appeals. ITF does apply to Supplemental Claims pending or received on or after July 30,
2021.
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A claimant can maintain the effective date of a potential benefits award by submitting a request for
review under any of the three new lanes within one year of the date of the decision on any specific
issue.
Request for Application (RFA) applies to Higher-Level Reviews (VAF 20-0996).
Note: ITFs continue to apply to all variants of initial claims under the modernized decision review
process.
Q6. DOES VA’S DUTY TO ASSIST APPLY TO SUPPLEMENTAL CLAIMS?
A6: 38 U.S.C. 5103(a) requires VA to provide notice to a claimant of the information or evidence
necessary to substantiate the individual’s claim for benefits. This notice requirement applies to initial
and Supplemental Claims; however, VA is not required to provide that notice with respect to a
Supplemental Claim filed within one year of an agency of original jurisdiction or Board decision on an
issue. VA’s duty to assist applies when a substantially complete initial claim or Supplemental Claim is
filed or when a claim is returned to correct a ‘‘duty to assist’’ error in a prior decision.
Q7. CAN A CLAIMANT SWITCH TO A DIFFERENT REVIEW LANE?
A7: Claimants may switch between the different decision review lanes. A claimant or the claimant’s
duly appointed representative may, for example, withdraw a request for Higher-Level Review or a
Supplemental Claim at any time prior to VA issuing notice of decision. If the withdrawal takes place
within the one-year period following notice of the decision being reviewed, a claimant may timely
elect another review option to continuously pursue the claim and preserve potential entitlement to
benefits effective as of the date of the initial claim.
Q8. WHAT DECISION REVIEW LANES ARE AVAILABLE FOR SIMULTANEOUSLY CONTESTED CLAIMS?
A8: Parties in a simultaneously contested claim are limited to filing a Notice of Disagreement with the
Board within 60 days of issuance of the decision of the agency of original jurisdiction.
The notice to contesting parties upon receipt of a Notice of Disagreement will indicate the type of
review requested by the party who initially filed the Notice of Disagreement, including whether a
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hearing was requested. A party to a simultaneously contested claim may file a brief, argument, or
request for a different type of review in answer to a Notice of Disagreement filed by another
contesting party.
If any party requests a hearing before the Board, the appeal will be placed on the hearing docket and a
hearing will be scheduled. If neither party requests a hearing, but any party requests an opportunity
to submit additional evidence, the appeal will be placed on the evidence docket. VA will notify both
parties when an appeal is placed on any docket. If the appeal is placed on the evidence docket, the
parties will have 90 days from the date of such notice in which to submit additional evidence.
Q9. CAN AN APPELLANT CHANGE THE DOCKET ELECTION ORIGINALLY SUBMITTED ON THE NOTICE OF
DISAGREEMENT?
A9: An appellant may modify the Notice of Disagreement for the purpose of selecting a different
evidentiary record option. The request to modify must be made within one year of the agency of
original jurisdiction decision on appeal, or 60 days after the Notice of Disagreement is received by the
Board, whichever is later. The request will be denied if the appellant has already submitted evidence
or testimony. If approved, the Board will move the appeal to the appropriate docket, retaining the
original docket date.
Q10. CAN AN APPELLANT ADD ISSUES TO A NOTICE OF DISAGREEMENT AFTER IT IS FILED WITH THE BOARD?
A10: If an appellant wants to add additional issues not initially included on the Notice of
Disagreement, the appellant is free to submit an additional Notice of Disagreement identifying these
issues, as long as this additional Notice of Disagreement is timely submitted.
Q11. HOW WILL THE BOARD HANDLE UNCLEAR OR DEFICIENT NOTICES OF DISAGREEMENT?
A11: When the Board receives an unclear or deficient Notice of Disagreement, the Board will notify
the appellant and request clarification. The appellant must respond with the requested clarification
within one year after the agency of original jurisdiction decision, or 60 days after the date of the
Board’s clarification request, whichever is later. If the appellant does not provide a timely response,
the previous statement from the appellant will not be considered a Notice of Disagreement.
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When an unclear Notice of Disagreement is properly clarified, the Notice of Disagreement will be
considered to have been properly filed on the date of clarification. This means that the docket date
will be based upon the date of the clarification, and if the appellant requests to submit evidence, the
90-day window for evidence submission will begin on the date of clarification.
Q12. IF I WITHDRAW MY BOARD HEARING REQUEST OR CAN NO LONGER ATTEND A HEARING, WILL I STILL
BE ABLE TO SUBMIT EVIDENCE?
A12: Appellants who requested a hearing on the Notice of Disagreement, but ultimately do not appear
for a hearing will retain the opportunity to submit additional evidence within a 90-day window.
Q13. WILL A BOARD REMAND BE RETURNED TO THE BOARD FOLLOWING A DECISION BY THE AGENCY OF
ORIGINAL JURISDICTION?
A13: A case will not be returned to the Board following the agency of original jurisdiction’s
readjudication of an appeal previously remanded by the Board. A claimant’s options for further
review of the agency of original jurisdiction’s decision include filing a new Notice of Disagreement.
Where a new Notice of Disagreement is filed following readjudication by the agency of original
jurisdiction, the case will be docketed in the order in which the most recent Notice of Disagreement
was received.
Q14. I CURRENTLY HAVE AN APPEAL IN THE LEGACY APPEAL PROCESS; CAN I OPT-IN TO THE NEW SYSTEM?
A14: Yes. Upon receipt of a Statement of the Case (SOC) or Supplemental Statement of the Case
(SSOC) in the legacy appeals system dated on or after February 19, 2019, you may elect to continue
your appeal by seeking review in the modernized decision review process.
By electing to participate in the modernized decision review process, you are withdrawing all eligible
appeal issues listed on the election in their entirety, and any associated hearing requests, from the
legacy appeals system to seek review of those issues in VA's modernized decision review process.
You can choose to have your appeal reviewed under one of the modernized decision review process
lanes by ensuring the SOC/SSOC Opt-in box on the appropriate form(s) is checked and completing
the appropriate form for the decision review lane you choose to participate in, as there is a separate
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form for each lane. If you choose to participate in the modernized decision review process, you must
submit your completed application form(s) within 60 days from the date of your SOC/SSOC or within
the one-year appeal period, whichever is later. Once you opt-in to a decision review lane, you may not
return to the legacy appeal process.
If you choose to continue the appeal and wish to remain in the legacy appeals system, you must
respond to the SOC within 60 days, or within one year of the date of the decision notice with which
you disagree, by submitting a VA Form 9, Appeal to the Board of Veterans’ Appeals. Doing so will
move your appeal from the Veterans Benefits Administration to the Board of Veteran’s Appeals.
Failing to timely submit a Form 9 will result in VA closing your appeal.
Q15. WHAT ARE MY OPTIONS IF THE DECISION ON MY CLAIM WAS MADE BEFORE 2/19/19, I AM PAST ONE
YEAR SINCE THE DECISION, AND I DO NOT HAVE A LEGACY APPEAL PENDING?
A15: A Supplemental Claim may be filed at any time with new and relevant information; however, the
original effective date will not be protected as the claim was not continuously prosecuted. You also
have the option to file a request for revision of the decision based on a clear and unmistakable error.
Q16. WHAT HAPPENS IF A CLAIMANT SUBMITS A CONTENTION THAT HAS PREVIOUSLY BEEN RATED AND
DENIED (SUPPLEMENTAL) ON A 21-526EZ ALONG WITH NEW CONTENTIONS?
A16: Under the Appeals Modernization Act (AMA), a Supplemental Claim must be submitted on the
prescribed Supplemental Claim form, VA Form 20-0995, Decision Review Request: Supplemental
Claim. This includes claims previously denied before February 19, 2019. Therefore, if VA receives a
Supplemental Claim on another form, such as a VA Form 21-526EZ, this submission should be
handled as a Request for Application (RFA) for benefits.
Q17. CAN A CLAIM FOR INCREASE BE FILED ON VA FORM 20-0995?
A17: VA cannot accept a claim for increase on a 20-0995. The claim for increase must be submitted
on a 21-526ez or other prescribed form. If the claim is not on the appropriate form, it is considered
an RFA. Although an increase cannot be accepted on a 20-0955, a disagreement with a previously
assigned evaluation can.
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Q18. IF VA RECEIVES AN ACCEPTABLE SUPPLEMENTAL CLAIM (A DECISION REVIEW OF A PREVIOUSLY
ASSIGNED EVALUATION FOR A SERVICE CONNECTED CONDITION WITH ADDITIONAL EVIDENCE) AND
SUBSEQUENTLY, WHILE THE EP 040 IS PENDING, RECEIVES A VALID 21-526EZ CLAIM FOR INCREASE OF THE
SAME CONDITION, CAN VA ACCEPT AND WORK THE CLAIM FOR INCREASE WHILE THE 040 FOR THE
PREVIOUSLY ASSIGNED EVALUATION OF THE SAME CONDITION IS PENDING?
A18: VA cannot process both concurrently. The claimant may follow the proper requirements to
withdraw either claim. If the claimant fails to respond appropriately, then the claim first received
(Supplemental Claim in this case) would continue unless withdrawn, and VA would not consider the
later claim for increased evaluation.
Q19. IS A SUPPLEMENTAL CLAIM FOR DEPENDENCY FILED ON VA FORM 20-0995? FOR EXAMPLE, IF THE
CLAIMANT FAILED TO PROVIDE AN SSN AND IS NOW PROVIDING IT.
A19: Yes, a request for review of a prior decision to deny dependency benefits should be filed on the
20-0995 and would warrant an EP 040. However, a claim for dependency can be claimed on a 21-
686c or any permitted prescribed form. Those filings (on a form different than the 20-0995) wouldn't
guarantee or safeguard the effective date that may have been assigned in connection with the prior
claim. The 20-0995 would enable the benefit to be granted with the effective date of the original
claim that is being disputed, whereas the new 21-686c would be considered a new claim.
Q20. IF VA LOCATES OR RECEIVES EVIDENCE AFTER A CLAIM DECISION IS MADE AND THE EP CLEARED,
WHAT IS THE PROPER PROCEDURE?
A20: If the evidence was received prior to the decision and the clearing of the EP, VA will establish EP
930 and readdress the claim with the evidence considered. If we did not receive the evidence until
after a decision was rendered and the EP was cleared, the evidentiary record is closed. The Veteran
should then be sent an RFA letter and encouraged to file a Supplemental Claim to have the evidence
reconsidered.
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Q21. WHEN IS A CLAIM CONSIDERED A REQUEST FOR APPLICATION AND WHEN IS IT CONSIDERED AN
INCOMPLETE CLAIM?
A21: The claim is a Request for Application when it is not presented on the prescribed form. The
claim is considered incomplete if it did come in on the correct form but does not have the new and
relevant information to begin the development process or does not meet the other required elements
of a substantially complete claim.
EFFECTIVE DATE FOR QUALITY REVIEW CHANGE
PURPOSES
4/1/22 ITF applies to Supplemental Claims
12/1/2021 Replaced link for VAI Business Rules with Claim
and Appeal Processing Referrals
9/1/2021 Added flowchart for visual representation of lanes
Removed FAQs 1,2,3,18 and renumbered
accordingly
5/1/2021 Removed reference to BVA Queue
Removed AMA Remand Script and linked to Board
Scripts
Clarified RFA applies to HLR and Supp Claim
Removed FAQ25 as claim submission has
transitioned to VA.gov and renumbered FAQs
accordingly
9/1/2019 Clarified ITF still applies to initial claims
Provided additional information on opting into new
appeal system
Added FAQ #18-26
7/1/2019 Added AMA information
Updated Suggested Script
Added procedural guidance section
Added FAQ #4-17
12/1/2017 Added link to RAMP guidance
11/1/2017 Original Document Issued
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