[Federal Register Volume 87, Number 138 (Wednesday, July 20, 2022)]
[Notices]
[Pages 43387-43388]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-15367]


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DEPARTMENT OF VETERANS AFFAIRS


Unprocessed Election into the Rapid Appeals Modernization Program

AGENCY: Department of Veterans Affairs.

ACTION: Notice.

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SUMMARY: The Department of Veterans Affairs (VA) announces it will no 
longer process elections (opt-ins) into the Rapid Appeals Modernization 
Program (RAMP). To ensure an orderly conclusion of this pilot program 
with respect to RAMP elections that have not yet been processed, VA is 
providing a 90-day transition period for claimants to notify VA of any 
such unprocessed RAMP elections before VA terminates processing. 
Claimants who previously submitted a timely RAMP election that has not 
yet been processed may request that VA process it. VA must receive an 
eligible claimant's request to process a pending RAMP election on or 
before October 18, 2022. Requests that VA process a previously 
submitted timely RAMP election must be sent by email to [email protected]. No 
response to this notice is required. VA will continue to process 
pending claims and appeals for all claimants, regardless of whether a 
claimant responds to this notice.

DATES: Discontinuation of the processing of elections for the Rapid 
Appeals Modernization Program is effective October 18, 2022.

ADDRESSES: Claimants, or their authorized representative, who wish to 
have their previously submitted RAMP election honored may submit a 
request. Requests must be sent via email to [email protected]. Only claimants 
who are sent a VA notice accepting a RAMP election will be eligible to 
participate in RAMP.

FOR FURTHER INFORMATION CONTACT: Carling K. Bennett, Senior Management 
and Program Analyst, Program Administration, Office of Administrative 
Review, Veterans Benefits Administration, Department of Veterans 
Affairs, 810 Vermont Avenue NW, Washington, DC, (202) 632-5347.

SUPPLEMENTARY INFORMATION: 
    On August 23, 2017, the President signed into law the Veterans 
Appeals Improvement and Modernization Act of 2017, Public Law 115-55 
(AMA), creating a new, modernized claims and appeals framework for 
pursuing VA benefits. VA fully implemented the AMA on February 19, 
2019. However, prior to implementation, section 4(a) of the AMA 
authorized VA to implement programs for testing the feasibility and 
advisability of any facet of the new appeals system. As such, VA 
developed RAMP. Starting in November 2017, RAMP allowed certain 
Veterans with appeals pending in the ``legacy'' system for disability 
compensation to opt-in to the modernized system by electing a 
supplemental claim or higher-level review (HLR). RAMP participants 
benefited from early resolution and the effective date protections of 
the new process.
    RAMP provided VA with information that improved the procedures and 
information technology systems used to fully implement the AMA in 
February 2019. Feedback received from Veterans, Veterans Service 
Organizations, employees and other stakeholders during the RAMP pilot 
period also led VA to revise its forms and notices. VA likewise 
identified additional training resources and materials regarding the 
new review options and procedures. As of the end of February 2019, RAMP 
elections resulted in a combined 85,993 HLR requests and supplemental 
claims, resulting in 65,670 decisions that released total payments of 
$267,403,115 to Veterans.
    On February 14, 2019, VA issued a press release advising that it 
would discontinue accepting RAMP elections postmarked after February 
15, 2019 (and non-postmarked elections received after February 25, 
2019) prior to full implementation of the AMA on February 19, 2019. 
Section 4(c) of the AMA prohibits VA from carrying out pilot programs 
such as RAMP after it fully implements the law, which it did on 
February 19, 2019. However, VA continued thereafter to process RAMP 
elections postmarked on or before February 15, 2019, to conclude the 
program in an orderly fashion.
    Although VA believes that decisions have been issued on the 
majority of timely RAMP elections, occasionally VA discovers a RAMP 
election that has not been processed (residual RAMP election). In these 
situations, the subject claims have continued to move through the 
legacy appeals system such that they are now in a different procedural 
or temporal posture than they were when the RAMP election was filed. 
Because the posture of the subject claims has often changed, it 
generally is not clear whether the claimant still desires to make a 
RAMP election due to the passage of time. Claimants may no

[[Page 43388]]

longer wish to pursue a previously submitted RAMP election, for 
example, if a legacy appeal has been certified to the Board or if a 
favorable, or partly favorable, legacy decision has been received. In 
accordance with VA's statutory obligation to wind RAMP, this notice 
announces a procedure to terminate the processing of RAMP elections.
    From the date of publication of this notice, VA is establishing a 
90-day period for claimants to notify VA if they believe they have 
submitted a timely RAMP election that has not been processed by VA. 
Upon receipt of such notification, VA will accept such a residual RAMP 
election if (1) VA determines that the claimant in fact has a residual, 
unprocessed RAMP election in the claims file, (2) the RAMP election was 
properly and timely filed (postmarked on or before February 15, 2019; 
or non-postmarked elections received on or before February 25, 2019), 
(3) the applicable claim or claims are still in appellate status before 
the agency and other RAMP eligibility requirements are met and (4) the 
claimant has not already successfully opted-in to the new modernized 
system through another avenue. If VA determines that the criteria for 
acting on a claimant's notification are not met, VA will notify the 
claimant in writing. If VA accepts the residual opt-in, it will notify 
the claimant in writing. Only claimants who are sent a VA notice 
accepting a RAMP election will be eligible to participate in RAMP.
    Ninety Days After the Date of Publication in the Federal Register, 
VA will not process a newly discovered residual RAMP election for a 
claim in the legacy appeals system and the claim will continue to be 
processed in that system unless and until the claim transitions to the 
new system through an avenue other than RAMP. Any request to process a 
residual RAMP election received October 18, 2022 will not be accepted. 
As a result, this notice announces that the processing of RAMP 
elections will be discontinued as part of VA's effort to end RAMP in 
accordance with section 4(c) of the AMA.
    The 90-day period established herein does not extend the time 
period for filing a RAMP election. Rather, this transition period will 
allow claimants with a residual RAMP election the opportunity to verify 
that they still want to opt-in to RAMP. Claimants with pending legacy 
appeals who wish to participate in the AMA but do not submit a valid 
request in response to this notice may still elect to opt-in to the 
modernized system after receiving a Statement of the Case or 
Supplemental Statement of the Case, per 38 CFR 3.2400(c)(2).
    Claimants who wish to notify VA of a timely, unprocessed RAMP 
election must send an email to VA at [email protected]. Using this dedicated 
email address will help ensure that VA gives such notification 
immediate attention. No response to this notice is required. VA will 
continue to process pending claims and appeals for all claimants, 
regardless of whether a claimant responds to this notice.

Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3507) requires that 
VA consider the impact of paperwork and other information collection 
burdens imposed on the public. An agency may not conduct or sponsor a 
collection of information, nor may it impose an information collection 
requirement, unless it displays a valid Office of Management and Budget 
(OMB) control number.
    VA has determined that there are no new information collection 
requirements associated with this notice. Approval to collect such 
information previously was approved by OMB under assigned OMB Control 
Numbers 2900-0075 and 2900-0734, which have current clearances pursuant 
to the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501-3521).

Signing Authority

    Denis McDonough, Secretary of Veterans Affairs, approved this 
document on July 13, 2022, and authorized the undersigned to sign and 
submit the document to the Office of the Federal Register for 
publication electronically as an official document of the Department of 
Veterans Affairs.

Jeffrey M. Martin,
Assistant Director, Office of Regulation Policy & Management, Office of 
General Counsel, Department of Veterans Affairs.
[FR Doc. 2022-15367 Filed 7-19-22; 8:45 am]
BILLING CODE 8320-01-P