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A CAR is a one-time request for VA to review a decided issue based on an obvious error of fact or law that changes the outcome of the decision
Examples
Missed issues
Erroneous removal of a dependent
Clearly incorrect effective dates
VSOs, attorneys, or agents submit CARs using VA Form 20-0996, Decision Review Request: Higher-level Review, prominently noting something like CAR or Claim Accuracy Request on the top margin of the third page What Is a CAR?<br>
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The representative must describe the alleged error with sufficient specificity to persuade the reviewer that the outcome would have been different
Throughout the pilot program, CARs are limited to compensation-related claims only
HLRs, special mission issues, Nehmer issues, Blue Water Navy claims, IDES claims, and legacy appeals are excluded What Is a CAR? (continued)<br>
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CARs are NOT:
Disagreements with the judgement of the decision maker
Minor administrative or technical errors (such as misspellings, incorrect dates of service, etc.)
IMPORTANT: Disagreements based upon the judgement of the decision maker or weight assigned to evidence must be pursued through the standard AMA decision review system What Is a CAR? (continued)<br>
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VBA will not accept a CAR of a CAR decision on that same issue
VBA will not accept an HLR of a CAR decision. If the representative still disagrees, he/she must submit a supplemental claim or appeal to the Board
Representatives may not co-mingle simultaneous requests for CAR and HLR on the same VA Form 20-0996. Each review requires a separate form.
Process co-mingled requests as an HLR What Is a CAR? (continued)<br>
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Informal conferences do not apply to CARs
If the CAR requests an informal conference, process the application as a standard (non-expedited) HLR Informal Conferences<br>
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The pilot program is limited to accredited VSOs, agents, and attorneys
Expansion of the program will depend on the results of the pilot Who Can Submit a CAR?<br>
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CARs must be requested within 30 calendar days of the decision notice under review
Establish and treat any requests received outside of the 30-day window as a standard (non-expedited) HLR
VBA will strive to complete all valid CARs within 30 calendar days of receipt Time Limits<br>
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VA Form 20-0996, Decision Review Request: Higher Level Review
The phrase “Claim Accuracy Request” or “CAR” must be prominently written in the top margin on page three of the application How to Submit a CAR<br>
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The error at issue must be clearly identified
Review requests unrelated to the issues on the CAR must be submitted on a separate form
Due to technical limitations, CARs cannot be requested through VA.gov How to Submit a CAR<br>
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CARs will be received through the Centralized Mail Portal
Establish an EP 030 in Caseflow
If the contention is unavailable in Caseflow (e.g. does not fit a category under the non-rating drop down), follow the guidance in the Claim Accuracy Request Establishment Job Aid
Add the Claim Accuracy Request special issue to at least one contention
If the issue is ineligible for a CAR, add the CAR – Ineligible special issue to the appropriate contention (do not add the Claim Accuracy Request special issue)
Route the claim to the appropriate station, if necessary, and update the data spreadsheet Claim Establishment – Timely CARs<br>
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Establish the EP 030 in Caseflow
Add only the CAR – Untimely special issue to at least one contention in VBMS.
Untimely CARs are processed as non-expedited HLRs under the same rules for prioritization and workload Claim Establishment – Untimely CARs<br>
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Higher-Level Reviewers will render decisions on CARs
Generally, development will not be needed; however, it may be required for downstream issues in limited cases
If development is needed, return the issues under HLR normal procedures The Decision<br>
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The Decision (continued)<br>
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The Decision (continued)<br>
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The Decision (continued)<br>
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All CAR decision notifications must include VA Form 20-0998, Your Rights to Seek Further Review of Our Decision
If an obvious error is found in the previous decision, add the following to the notification letter: We made a new decision after confirming the error you noted in your Claim Accuracy Request.
If an obvious error is not found, add the following to the notification letter: We completed a higher-level review because we did not confirm the error that you noted in your Claim Accuracy Request. Notification Requirements<br>
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Veteran was discharged in 1980. ITF was received June 1, 2020. Date of claim of the Veteran’s original claim for tinnitus is January 1, 2021. Rating decision dated March 1, 2021, granted service connection effective January 1, 2021, obviously missing the valid ITF. A CAR is filed on March 15, 2020, stating “The effective date assigned is incorrect. There was a valid ITF received June 1, 2020, within one year of the date of claim of January 1, 2021, and the ITF date should have been used as the effective date.”
CAR is timely and valid. Example – Valid CAR<br>
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Veteran claimed an increase in PTSD evaluated at 50 percent. Exam showed symptoms of both 50 percent and 70 percent. RVSR continued the 50 percent evaluation. A CAR is filed stating “The evaluation is incorrect as the Veteran had symptoms warranting a 70 percent evaluation and the RVSR did not grant an increase.”
CAR is not valid as it is alleging that the evidence should have been weighed differently. Example – Invalid CAR<br>
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The CAR pilot requires accurate data for leadership to determine its effectiveness and efficiency
Generally, the CAR decision reviewers will update the CAR spreadsheet with the completion of every CAR
However, mail processors must complete the data for every CAR for which they add the CAR-Untimely special issue or CAR-ineligible special issue if they identify the CAR is not eligible
Management will forward the spreadsheet weekly to VAVBAWAS/OAR/ADMIN Recording Data<br>
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OAR Program Administration
oaradmin.vbawas@va.gov Questions?<br>
