Video instructions and help with filling out and completing What Form 5495 Reform

Instructions and Help about What Form 5495 Reform

Good afternoon and welcome you're joining us here at Chisholm Chisholm and compat Rick my name is Brad Hennings this is Emma Petersen and Cortney Ross and we're here today on at C CK live talking about how VA appeals reform or the Appeals Modernization Act is going to affect your va claim mm-hmm just want to let you know please if you've got any questions as we go along leave those questions there on Facebook and we will attempt to answer them in addition if you're seeing this later on leave comments there on Facebook or reach out to us any other way by phone by the internet or our website at C CK law calm so with that the big topic of the day is va Appeals reform or the VA appeals modernization act which changes the VA appeal system and that goes into effect fully on February 19th which is this Tuesday 2019 so let's talk a little bit about the new and the old appeal systems at VA for and this is of course for typically for disability benefits that's gonna be our focus today so what are the names for the new and old appeal systems at VA so for the old appeal system what's in place now and what's been in place for years and years and years is gonna be referred to as the legacy system and that will continue to operate for years to come as those claims get processed through VA but the new system we've heard new system the AMA Appeals Modernization Act appeals reform those are all terms for the the new system that that's coming up okay so now what is an initial decision at a rating decision so in under the new system when you file your first claim for benefits the first decision that you get following that claim is what it's going to be considered the initial decision you know it'll be a reading decision and under the current system or the legacy system a rating decision it's very similar to what you get when you follow your first claim for benefit okay so now what is an SOC or statement of the case so statement of the case is another decision that the regional office will issue so normally when you file a claim under the current system you get a rating decision and you have a year from that reading decision to file a notice of disagreement to continue your appeal and if VA continues to deny at that point they'll issue another decision which is the statement of the case now where does a supplemental statement of the case fit into all of this so if if you submit additional evidence or VA finds additional evidence after they issue the statement of the case and they feel that they need to address it additionally they'll issue what's called a supplemental statement of the case so another decision decision addressing that other evidence so this is all in the legacy VA appeal system correct so why is all this important for our conversation today these terms so the these two decision points are going to be important because in the old system moving forward once Appeals reform goes into effect the get when you get an SOC or when you get a SSLC so a statement of the case or a supplemental statement the case or the two points in the legacy appeals system that you're going to be able to opt into the new system should you choose to do so okay and additionally under the new system they're going away yes so if you file a claim and you get an initial decision and you disagree with it in any number of ways which are going to get into in a little bit you're no longer gonna get a statement of the case or a supplemental statement of the case those documents are gone you now are going to be going into different lanes the appeal lanes and if you actually go to the board different dockets there but those two documents statement of the case and supplemental statement of the case and the time frame you have to respond to those 60 days and 30 days respectively is are gone under the new Appeals modernization system okay so along those lines let's let's back up and what's the difference between a VA claim and a VA appeal so a claim is the first time you claim a disability or claim the benefit from VA so you file the regional office saying you know I've got this disability do the service or my disability service connected and it's actually worse than it used to be you file that claim when VA denies that benefit in whole or part so they don't grant you everything you're seeking or they only grant you a partial increase and you disagree with that now you're in the appeals process and you're appealing that initial decision okay so now you'd mentioned Emma lanes and dockets so Courtney what are the lanes and what are the dockets and why do they matter in the new appeal so yeah so both of these terms are in reference to the new system so under the current system like I said before when you get a decision you have one procedural option in terms of how you're going to move forward with your case and that's very different under the new system now when you get your initial decision you have three different lanes that you can choose from the higher level relaying systems are clean lane or the appeal lane to the board so that's what Lane refers to docket refers to should you choose to appeal to the board you now have three different docket options that you can choose for how you want the board to for how you want to appeal to the board so