Appeals Modernization Act (AMA) basics every claims agent needs to know

Sources checked October 4, 2026. Independent guide, not affiliated with VA. Not legal advice.

Under the modernized review system, which applies to decisions with notice issued on or after February 19, 2019, a claimant who disagrees with a decision chooses a review "lane." This is where most paid agent work happens, because fees are generally allowed only after notice of the initial decision (38 CFR 14.636(c)(1); 38 U.S.C. 5904(c)(1)), plus fees for CUE revision work under 14.636(c)(1)(ii). "Appeals" is one of OGC's listed exam topics (VA OGC).

The three options

Option	Deadline	New evidence?	Key rule
Supplemental claim	Any time after notice of the decision. File within 1 year to keep the earlier effective date	Yes, and it must include new and relevant evidence for VA to readjudicate	Duty to assist applies once VA receives a substantially complete supplemental claim (3.2501(c))
Higher-level review	Within 1 year of notice	No. The record is limited to evidence on file at the prior decision	De novo review by an experienced adjudicator who did not take part in the decision. Informal conference may be requested (3.2601)
Board appeal (NOD)	Within 1 year of notice	Depends on docket: direct review (none), evidence (with the NOD or within 90 days after VA receives the NOD), or hearing (at the hearing and within 90 days after)	Must use the prescribed form (20.202)

Sources: 38 CFR 3.2500(a); 38 U.S.C. 5104C(a); 5104B.

Rules that trip people up

No concurrent lanes on the same issue. While one review is pending, you cannot file a different option on the same claim or issue, and no review option may be filed while the benefit is pending on appeal before a federal court (3.2500(b); 5104C(a)(2)(A)). You can switch by withdrawing within the one-year window (3.2500(e)). Different issues can go in different lanes (5104C(a)(2)(C)).
Continuous pursuit protects the effective date. If the claimant keeps filing a proper next option within one year of each decision, the effective date stays tied to the original claim (3.2500(c), (h)(1)). A supplemental claim filed more than a year later generally gets an effective date no earlier than its receipt (3.2500(h)(2)).
HLR duty-to-assist errors. If the higher-level adjudicator finds a duty-to-assist error and cannot grant the maximum benefit, the claim goes back for correction (3.2601(g)).
No supplemental claim after a CUE denial. A supplemental claim may not be filed for a denied request to revise a final AOJ decision based on clear and unmistakable error (3.2500(f)).
Board form required. The Board accepts a Notice of Disagreement only on the prescribed form. Using the wrong form does not stop the clock (20.202(d)-(e)).

How AMA connects to fees

For AMA claims, fees are allowed after notice of an initial decision. A supplemental claim that continuously pursues an earlier claim is treated as part of that earlier claim for fee purposes (14.636(c)(1)(i)).
Legacy appeals (decisions with notice before Feb. 19, 2019) follow the older NOD-based fee rules (14.636(c)(2)), provided the NOD was filed on or after June 20, 2007; older NODs fall under the stricter final-Board-decision rule in 14.636(c)(3). See fees.

Check yourself

Original practice questions that passed an independent fact-check against current eCFR and U.S. Code text. They are not actual exam questions.

1. An agent files a request for higher-level review and attaches a new private medical opinion that was not in the file when the agency of original jurisdiction issued notice of its decision. Under 38 CFR 3.2601(f), what happens to the new opinion in the higher-level review?

A. It is considered, because evidence submitted with the request for higher-level review becomes part of the record
B. It is considered if it is submitted within 90 days after the request for higher-level review
C. It is considered if the agent presents it during an informal conference
D. The higher-level adjudicator may not consider it, because the record is limited to the evidence of record as of the date the AOJ issued notice of the prior decision

Show answer and explanation

Answer: D. The higher-level review record closes as of the date the AOJ issued notice of the decision under review, and the adjudicator may not consider additional evidence. Section 3.2601(h) separately bars receipt of new evidence during an informal conference. To have new evidence considered, a claimant would use another lane (for example, a supplemental claim).

Source: 38 CFR 3.2601(f)

2. Under the modernized review system, VA denied a claimant's request to revise a final decision of the agency of original jurisdiction on the basis of clear and unmistakable error. Under 38 CFR 3.2500(f), which review option may NOT be used to challenge that denial?

A. A request for higher-level review
B. An appeal to the Board of Veterans' Appeals
C. A supplemental claim
D. None of them; all three review options are available for that denial

Show answer and explanation

Answer: C. Section 3.2500(f) applies the review options to modernized-system claims and requests, with one stated exception: a supplemental claim may not be filed in connection with a denial of a request to revise a final AOJ decision based on CUE. The regulation does not exclude the other options.

Source: 38 CFR 3.2500(f)

More practice: 12 sample questions · free quiz

Frequently asked questions

What are the three AMA review options?

A supplemental claim, a higher-level review, or an appeal to the Board of Veterans' Appeals (38 CFR 3.2500; 38 U.S.C. 5104C).

Can new evidence be submitted in a higher-level review?

No. The record is limited to the evidence on file when the decision under review was issued (38 CFR 3.2601(f)).

How long does a claimant have to choose a review option?

Generally one year from notice of the decision for an HLR or Board appeal. A supplemental claim can be filed any time, but filing within one year preserves the effective date (38 CFR 3.2500(a), (h)).

Sources

Checked October 4, 2026. Primary sources unless marked SECONDARY.