After over two years of negotiations between Congress and the VA, with significant input and feedback from military and veterans’ service organizations, the Veterans Appeals Improvement and Modernization Act of 2017 was signed into law Aug. 23, 2017.

The VA secretary is scheduled to certify the agency can fully implement the Act by February 2019.  Congressional reporting requirements include updates to Congress and the GAO every 90 days, and final publication of proposed regulations will reach the Federal Register by January 2019. The VA also has begun developing improvements to its information technology systems to improve workflow and transparency.   

In response to the new law, and in an effort to reduce the backlog of legacy appeals, the VA launched its interim Rapid Appeals Modernization Program (RAMP) Nov. 1, 2017. Their goal was to provide eligible veterans mired in the VA appeals process “with the earliest possible resolution of their disagreement with the VA’s decision on their benefit claims.” RAMP participation is voluntary, but the VA envisages that you can expect to receive “a review” of your decision much faster in RAMP than if you remained in the legacy appeals process.

The four stages of appeals considered for opt in to the RAMP program include: Notices of Disagreement (NODs), Form 9 appeals, appeals that have been certified to the Board of Veterans’ Appeals, and appeals that have been completed and remanded back to a regional office.

In late 2017, the VA began sending invitations to eligible veterans with some of the oldest pending legacy appeals. Monthly letter mailings inviting future participation will continue until February 2019. The ramp up of the RAMP program began with 500 letters Nov. 1, 2017, and will reach 30,000 to 42,000 letters a month by April 1, 2018. 

Veterans receiving letters will have 60 days to decide whether to remain in the legacy appeal process or to opt in to RAMP. Letters will contain an explanation of the program, a RAMP fact sheet, and the election document for the veteran to opt in with a coversheet for VA processing. The opt-in must be completed in writing, as there is no online option. If a veteran chooses to opt in, they will not have the option to return to the legacy appeal process after a RAMP decision is rendered.

The two options provided on the opt-in letter will be a Higher Level Review or Supplemental Claim Review. 

The Higher Level Review will consist of a de novo review, or difference of opinion authority. Only evidence of record before the opt-in election will be reviewed, which will be conducted by a decision review officer (DRO). A DRO is among the most senior experienced VA rating officials.

If veterans have additional evidence they want included in the RAMP review, they should select Supplemental Claim. New and relevant evidence not previously submitted that tends to prove/disprove a claimed issue will be considered. A rating veteran service representative will make a decision on the new and relevant evidence or clear and unmistakable error of the prior decision.