Public Law 115-55; Changes you may have missed.

[broncovet]

Some changes you may not be aware of:

1.  Binding nature of favorable findings:

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‘‘§ 5104A. Binding nature of favorable findings ‘‘Any finding favorable to the claimant as described in section 5104(b)(4) of this title shall be binding on all subsequent adjudicators within the Department, unless clear and convincing evidence is shown to the contrary to rebut such favorable finding.’’.

2. You may request an adjutication by a different (VARO Office) with HLR:

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(5104 B) (2) Such request may specifically indicate whether such review is requested by a higher-level adjudicator at the same office within the agency of original jurisdiction or by an adjudicator at a different office of the agency of original jurisdiction. The Secretary shall not deny such request for review by an adjudicator at a different office of the agency of original jurisdiction without good cause.

3.  You must choose between HLR, SCL or NOD, but you can not do more than one with the same claim issue: (Note:  If your decision was 2 or more issues, you may elect an SCL  on PTSD, and file a NOD to the BVA on the issue of hearing loss, for example.  ) 

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(5104 C). ‘‘(2)(A) Once a claimant takes an action set forth in paragraph (1), the claimant may not take another action set forth in that paragraph with respect to the same claim or same issue contained within the claim until— ‘‘(i) the higher-level review, supplemental claim, or notice of disagreement is adjudicated; or ‘‘(ii) the request for higher-level review, supplemental claim, or notice of disagreement is withdrawn. ‘‘(B) Nothing in this subsection shall prohibit a claimant from taking any of the actions set forth in paragraph (1) in succession with respect to a claim or an issue contained within the claim. ‘‘(C) Nothing in this subsection shall prohibit a claimant from taking different actions set forth in paragraph (1) with respect to different claims or different issues contained within a claim.

The Secretary shall publish on the internet the backlog and average wait times:

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(B) The number of appeals on any docket maintained under section 7107 of such title, as amended by section 2(t), that are pending. (C) The average duration for processing claims and supplemental claims, disaggregated by regional office. (D) The average duration for processing requests for higher-level review under section 5104B of such title, as added by section 2(g), disaggregated by regional office.

Author's note:  The average wait times, and backlogs are posted here:

https://www.benefits.va.gov/reports/detailed_claims_data.asp

[broncovet]

Welcome to the world of VA.  The VA does not have to explain to us why or how or if a new regulation will benefit us.  

"What it means" will be decided by a judge on whether or not your situation applies to this regulation cited.  Or, maybe a VARO decision maker, perhaps, at least some of the time.  

"Interpreting regulations", unfortunately, is the VA/ and or judges who get to do that.  We dont.  

Generally, the VA gets a "bye" because of Chevron Deference, where agencies are given much freedom in interpreting their own regulations.