Veterans seeking disability benefits from the Department of Veterans Affairs (VA) must navigate a complex system of forms and procedures. Significant changes were made to this process with the Appeals Modernization Act (AMA), which went into effect on February 19, 2019. The AMA streamlined the claims and appeals process, introducing new forms and eliminating several older ones.
As of 2024, most of the forms introduced by the AMA remain in use, with a few notable updates. This comprehensive guide will break down all the current VA disability forms, explaining their purpose and how they fit into the claims and appeals process.
The 21-526EZ remains the primary form to file an initial claim for service-connected disability compensation. It’s also used when filing claims for increased disability ratings, non-service connected pension benefits, and other ancillary benefits like aid and attendance. As of 2023, this form can be submitted electronically, by mail, or in person at a regional VA office.
Key updates: In late 2022, the VA updated the 21-526EZ to better guide Veterans through the “Fully Developed Claim” (FDC) process. FDCs allow Veterans to receive a faster decision by submitting all relevant evidence along with their initial claim.
The form now includes clearer instructions on the evidence required for commonly claimed conditions like PTSD, sleep apnea, and musculoskeletal issues.
Veterans use Form 20-0995 in two main scenarios:
Key updates: As of 2023, Veterans must submit “new and relevant” evidence to reopen claims. Previously, evidence had to be deemed “material,” a stricter standard.
There is no longer a time limit for submitting new evidence after filing a Supplemental Claim. The previous 30-day window has been eliminated.
Veterans who disagree with the initial decision on their claim but have no additional evidence to submit can request a Higher-Level Review using Form 20-0996. In this review, a more experienced adjudicator takes a fresh look at the existing evidence.
Key updates: As of early 2024, Veterans can request an informal conference with the Higher-Level Reviewer to identify specific errors in the initial decision. Previously this was not an option.
Veterans can appeal directly to the Board of Veterans’ Appeals (Board) by submitting Form 10182, Notice of Disagreement (NOD) choosing from three docket options:
Key updates: As of January 2024, Veterans appealing to the Board can submit evidence at any point up until the Board issues a decision. The previous 90-day window for evidence submission has been eliminated.
Veterans who selected the Hearing docket can now choose a virtual tele-hearing, an in-person hearing at the Board’s offices in Washington D.C., or an in-person hearing at their local regional office.
This new form, introduced in late 2023, allows Veterans who received an unfavorable Board decision (after appealing via Form 10182) to continue their appeal by requesting either a Higher-Level Review or Supplemental Claim review back at the agency of original jurisdiction (usually the regional office).
This replaces the previous process where Veterans had to start the claims process over by filing a Supplemental Claim if they received a negative Board decision.
Several older forms, while still valid for claims and appeals initiated before February 19, 2019, are no longer in use for newer cases:
Veterans still have one year from the date of a decision to preserve their effective date by appealing via a Supplemental Claim, Higher-Level Review, or Board Appeal. The effective date, which determines when benefits will begin, is protected as long as the next step in the appeal is filed within one year.
However, there is no longer a filing deadline after one year. Veterans can still pursue their case at any time in the future, but they will forfeit their original effective date, and their new effective date will be tied to the date of their new claim or appeal filing.
The best route to appeal a VA decision depends on the unique facts of each Veteran’s case, the complexity of the issues, and whether any additional relevant evidence is obtainable. Here are some general guidelines:
In many ways, yes. The AMA created multiple options for Veterans to choose from depending on their situation, rather than the old one-size-fits-all approach. Veterans can now appeal directly to the Board instead of getting locked into endless cycles of regional office appeals. But the AMA is not perfect, and appealing a VA claim is still a complex, lengthy process.
While some Veterans choose the self-help route, the majority seek assistance from an experienced Veterans disability benefits attorney. VA law is complex, and the stakes are high in many cases. Getting help from an experienced advocate is often the wisest approach.
Veterans should consider involving an attorney for complex cases, cases involving large sums of retroactive benefits, or cases where the VA has repeatedly denied a claim they believe is supported by the evidence. Many Veterans wait too long to get legal help. Bringing in a skilled attorney early in the process can prevent years of frustrating delays and denials.
It depends on the specific case, but thousands of Veterans win their appeals each year. In 2022, the Board of Veterans’ Appeals overturned the regional office and granted 35% of cases on appeal. Many other appeals are won at the Supplemental Claim or Higher-Level Review stages.
It’s never too late to reopen a previously denied claim by submitting new and relevant evidence along with a Supplemental Claim (VA Form 20-0995). However, the effective date will likely be tied to the date of the Supplemental Claim filing, not the date of the original claim.
Veterans who need assistance with a VA disability claim or appeal shouldn’t hesitate to reach out to a qualified Veterans attorney or advocate for guidance. The Appeals Modernization Act made significant changes to the VA disability claims process, and further updates have been implemented in the years since.
While the system remains far from perfect, the AMA has opened up new options for Veterans seeking to have their cases fairly reviewed. By understanding the current forms and procedures, and seeking out skilled assistance, Veterans can maximize their chances of securing the full disability benefits they deserve.
Berry Law can be reached at 888-883-2483 or Veterans can contact us online for a free consultation. We represent Veterans from all branches of the armed services across all 50 states. Our team is available 24/7.
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