Appeals
This legislation fundamentally change the way all appeals of VBA and VHA decisions would be handled.
What is the Appeals Modernization Act (AMA)?
Direct, aggravated, secondary and presumptive are just a few of these.
What are Theories of Entitlement?
38 CFR Part 3 is the federal regulation covering this.
What is adjudication?
38 CFR Part 4 is the federal regulation covering this.
What is the Schedule for Rating Disabilities?
To appeal a denial by the Board of Appeals you must notify the CAVC within this timeframe.
What is 120 days.
This AMA lane allows an entirely new review of the claim by a more experienced adjudicator with no additional evidence.
What is the Higher Level Review (HLR)?
For VA Claims purposes there are this number of separate muscle groups.
What is 23?
3.1(n) - An act involving conscious wrongdoing or known prohibited action.
What is willful misconduct
4.25 - This ratings tool results from the consideration of the efficiency of the individual as affected first by the most disabling condition, then by the less disabling condition, then by other less disabling conditions, if any, in the order of severity.
What is the combined Ratings Table?
This is the cost to file an appeal to CAVC.
What is $50.00?
(Unless the POA is MDVA, then it's $0)
This AMA lane requires the submission of new and relevant evidence.
What is the Supplemental Claim lane?
Arthritis must be diagnosed using this medical procedure.
What is X-ray imaging?
3.102 - This exists because of an approximate balance of positive and negative evidence which does not satisfactorily prove or disprove the claim.
What is reasonable doubt?
The evaluation of the same disability under various diagnoses is to be avoided.
What is Avoidance of Pyramiding?
This was a class action lawsuit brought against the VA in 1986 for limiting claims resulting from Agent Orange exposure.
What is Nehmer v. USDVA?
When appealing to the Board of Appeals you have these 3 lanes to choose from.
What are Direct Review, Evidence Submission and Hearing?
Under this theory of entitlement if a veteran has service connected loss of use of his right arm then suffers loss of use of his left arm we can get the left arm adjudicated as service connected.
What is Paired Organs and Extremities?
3.307, 3.308 and 3.309 all cover this theory of entitlement.
What is presumptive service connection?
4.26 - This is applied when a partial disability results from disease or injury of both arms, or of both legs, or of paired skeletal muscles.
What is bi-lateral factor.
This is established when a panel of at least 3 CAVC judges renders a decision on a claim.
What is precedence?
This is the VA's computer program for tracking appeals.
What is Case Flow?
DAILY DOUBLE!
Disability Severance Pay (DSP) cannot be recouped by the VA if the disability was incurred under this.
What are during combat related operations or in line of duty in a combat zone?
3.153 - An application to this entity on or after January 1, 1957, will be considered a claim for death benefits, and to have been received in the Department of Veterans Affairs as of the date of receipt.
What is the Social Security Administration (SSA)?
4.20 - This type of rating is used when an unlisted condition is encountered it will be permissible to rate under a closely related disease or injury in which not only the functions affected, but the anatomical localization and symptomatology are closely related.
What is an Analogous Rating?
Saunders v. Wilkie held that pain alone can be rated as a disability if the evidence shows this.
What is functional impairment?