RAMP Pros and Cons

[trxl00]

Have anyone had any success with Ramp Please Reply

[broncovet]

Ramp did not change the criteria for service connections, only the pathway in appeals.  

If you meet the criteria for sc, you should get it in either the legacy or ramp pathways.  

Further, the way I understand it, "everyone" will be on RAMP (fully implemented) by Feb. 2019, which is only about 10 months away.  However, at this point it is apparently optional for Veterans.  

I have read everything I can get my hands on about RAMP..mostly from attorney opinions and from VA themselves.  

Only about 3 percent of Vets have opted into RAMP, but of those, apparently (according to VA) about 57 percent of those have gotten a favorable result.  This is better than at the BVA where about 29 percent of Vets get a favorable result, and another 40 percent gets a remand.  

Many attorneys, Vets advocates and others are more than a little skeptical of RAMP, and that's no suprise since better than half the Vets dont trust VA, and many of those have good reasons for not trusting VA.  

Im in that category, who does not trust VA, and VA has earned my non trust.  

All this said, I think RAMP is probably a good choice for most Vets, but that depends on your circumstance.  In particular, do you have "new and material evidence"?  "New evidence" is handled differently through ramp and the legacy process.  VA is supposed to "reopen" the claim with the legacy system, so you could get a quick decision anyway under the legacy system.  

Im going to note here that Alex Graham recently attended a NOVA conference, and RAMP was a hot topic.  Apparently, Alex felt the consensus was that RAMP was not in Vets best interest.  My "opinion" is that is reflects  "not just" Vets dont trust VA, that an even higher percent of attorney's dont trust VA, either.    In my email, Alex did not go into the reasons why the NOVA attorneys and judges did not like RAMP.  Perhaps he would enlighten us here with the reasons, Alex simply may not have had time to share that with each individual, as his time may be better spent enlightening the whole group.  

    The VA may be pressuring VETS advocates, too.  And that pressure may backfire.  If VA pressures advocates into opting in to RAMP, then the advocates, not trusting VA, may do the opposite.  

     My attorney advised against me opting in to RAMP, but again did not give reasons.  

     After all I have read, I go against the grain and advise Vets to opt in.  Im not at this time only because Im represented by an attorney at the CAVC who advises against it.  After my CAVC is complete, which will likely be a few months, I will no longer be represented and Im opting into ramp.  (My attorney agreement is that they represent me ONLY at the CAVC, and not at other levels.  )  This is good for me, because the CAVC is likely to award EAJA fees (and pay my attorney), while BVA and VARO levels dont award EAJA fees to attorney represented clients.  I see it as I have the best of both worlds..I get attorney representation at the CAVC, but dont have to pay for it at the BVA or DRO levels.  

      "Any" new program raises skepticism at VA.  I think if they decided to pay all Vets when they apply, it would still raise skepticism.  (Thats what an advocate said several years ago.)  

      Ronald Regan is quoted as saying the most dangerous words in the English language are: 

Quote

"Im with the government and am here to help you".  

      Unfortunately, that statment may be counterproductive at times, even if true some of the time.  Vets may at least have their own portion of responsibility in a system which has become ineffective and corrupt.  How?  

      Well, by our resistance to change.  If the VA did come up with a "fix", (that acutally worked)  and we rejected that fix and influenced our representatives to abandon it, then, yes, we would be in part responsible for the corruption and inefficiency of the VA.  

[Buck52]

(Don't confuse the new process with "RAMP" ... RAMP is a **BS** pilot the VA used to test how veterans would receive the new modernized appeal process. Spoiler Alert: it's horrible.)

When the new process goes into effect - by law, that cannot happen until at least February 2019 - all appeals in the current system will remain in the current appeals system until the veteran:

a) opts in to the new one, or

b) finishes his/her appeal.

The current process will be renamed the Legacy Appeals process, and it will be around for a while.

The BVA said earlier this month that it will take them until 2026 to finish their work on the Legacy Appeals.

I say all that to say this: we must remember how to use this Legacy Appeals process, even as the new process is phased in.

Source: ''Attorney Chris Attig''

[broncovet]

No offense meant, but that sounds like a good reason to opt into RAMP.   You posted:

Quote

The BVA said earlier this month that it will take them until 2026 to finish their work on the Legacy Appeals.

I dont know about you, but Im not excited about waiting until 2026 to finish my appeal.  Of course, this does not mean MY legacy appeal wont be done until 2026, but it WILL mean that Vets who opted into RAMP will be completed first, so no wonder why it would take another 8 years to complete all the legacy appeals behind those who opted into RAMP.  

[broncovet]

Im opting into RAMP as soon as my CAVC case is complete, which will likely happen before the end of this year.  

[Buck52]

Yeah you don't really have anything to lose  because if RAMP don't work you can opt out & you still keep your place inline as I understand it.

Its anyone guess as to how This New RAMP program will work out?

[broncovet]

RAMP INCREASES your available options.  AS VA said it:  (SOURCE, VA website on RAMP)  

Rapid Appeals Modernization Program (RAMP)

What is RAMP?

• In November 2017, we launched RAMP with the goal of providing eligible appellants with the earliest possible resolution of their disagreement with VA's decision on their claim.
• RAMP is voluntary and will provide you with the opportunity to enter the new, more efficient review process outlined in the historic Veterans Appeals Improvement and Modernization Act of 2017 (Appeals Modernization Act), which the President signed into law on August 23, 2017.
• Under RAMP, you can expect to receive a review of the decision on your claim much faster than if you remain in the legacy appeals process. The program will allow participants the option to have their decisions reviewed in the Higher-Level Review or Supplemental Claim Lane outlined in the new law.
• RAMP will run through February 2019, when we plan to fully implement the Appeals Modernization Act. Further, we will continue to process RAMP elections as long as necessary to continue to accelerate resolution of legacy appeals.

RAMP is part of VA’s larger Appeals Modernization Plan

• The legacy appeal process, which was set in law, split jurisdiction over appeals in compensation claims between Veterans Benefits Administration (VBA) and the Board of Veterans’ Appeals (Board), adding more complexity to the appeal process.
• The Appeals Modernization Act establishes a new review process for VA claims that is timely, transparent, and fair, and thus allows us to improve the delivery of benefits and services to you and your family.
• RAMP gives you the opportunity for early participation in the new Supplemental Claim and Higher-Level Review lanes.

Which Review Lane is Right for You?

Supplemental Claim Lane

• Select this option if you have additional evidence that is new and relevant to support granting your benefit claim. VA’s goal is to complete these supplemental claims in an average of 125 days.
• We will assist you in gathering new and relevant evidence to support your claim.
• We will review any new and relevant evidence submitted since we last decided your claim.
• If desired, you can continue to submit supplemental claims with new and relevant evidence or use the Higher-Level Review Lane after you receive a decision in the Supplemental Claim Lane by making an election for further review within one year of the date on your decision notice.

Higher-Level Review Lane

• Select this option if you have no additional evidence to submit in support of your claim but you believe that there was an error in the initial decision. VA’s goal is to complete these higher-level reviews in an average of 125 days.
• A higher-level review consists of an entirely new review of your claim by a senior claims adjudicator.
• The Higher-Level Reviewer will only consider evidence that was in VA’s possession at the time you opt-in. You and/or your representative will NOT be able to add new evidence during this process.
• We cannot assist you in developing additional evidence. However, if the Higher-Level Reviewer discovers an error in our duty to assist in the prior decision, your claim will return to initial decision makers for additional processing to correct the error.
• You or your representative can request an optional one time telephonic informal conference with the Higher-Level Reviewer to identify specific errors in the case. Requesting an informal conference may cause some delay in the processing of your higher-level review.
• If necessary, you can use the Supplemental Claim Lane after you receive a decision in the Higher-Level Review Lane, by making an election for further review within one year of the date on your decision notice. However, you will not have immediate access to the Higher-Level Review after receiving a decision in the Higher-Level Review Lane.

Who is eligible for RAMP?

You are eligible if you have a disability compensation appeal pending in one of the following legacy appeal stages:

• Notice of Disagreement (NOD)
• Form 9, Appeal to Board of Veterans’ Appeals
• Certified to the Board but not yet activated for a Board decision
• Remand from the Board to VBA

Those who have been waiting the longest in each of the above appeal stages for a resolution of their appeal will receive a letter giving them the opportunity to participate in RAMP first. We will phase more Veterans into RAMP, eventually inviting almost 350,000 to participate.

Advantages of RAMP

• Early participation in the new, more efficient review process for VA benefit decisions
• Potentially faster decisions and early resolution of disagreements
• Multiple review options (supplemental claim, higher level review, or appeal to the Board after February 2019)
• The same potential effective date for benefits regardless of the review option chosen
• The option to ask for a quick, fresh look at a VA decision by an experienced claims reviewer
• A new requirement that we must have clear and convincing evidence to change any findings favorable to you in a VA decision