Is the VA Standardized Claim and Appeals Form process helping veterans?

2015-03-25T12:59:24-04:00

Today the VA announced they are instituting a Requirement of Standardized Claim and Appeals Forms for many processes. I was surprised that the forms I have been filling in for years seemed not to have been standardized. I hope this new initiative will reduce the claim review backlog. Here are some of the details I received in a VA email today. I hope all disabled vets receive these emails [unless they opted out].
"The easiest and fastest way for a Veteran to submit an application for compensation is online through the eBenefits (http://www.ebenefits.va.gov) portal."
1. Veterans’ or Survivors’ applications for disability compensation or pension
• Veterans filing for disability benefits must now use VA Form 21-526EZ, Application for Disability Compensation and Related Compensation Benefits.
• Wartime Veterans filing for needs-based pension must use VA Form 21-527EZ, Application for Pension.
• Survivors filing a claim for dependency and indemnity compensation (DIC), survivor’s pension, and accrued benefits must complete VA Form 21-534EZ, Application for DIC, Death Pension, and/or Accrued Benefits.
2. Notices of Disagreement with any aspect of VA’s decision on a disability claim – The standardized Notice of Disagreement form is used when a claimant wishes to initiate an appeal.
• Veterans disagreeing with a VA compensation decision should use VA Form 21-0958, Notice of Disagreement.
• Veterans and survivors will not be required to use a standardized notice of disagreement form to initiate appeals of pension or survivors benefit decisions at this time.
Source VA News Release dated 03/25/2015 01:03 PM EDT

Response by PO1 Chad Alcock made Mar 25 at 2015 1:27 PM

2015-03-25T13:27:35-04:00

I have read that the quickest way to file a claim, or make changes for benefits is through eBenefits, and I recommend that all vets using the VA have an account. The issue that I have ran into personally is lack of understanding of what is needed and what to provide. I still recommend that each vet that is having issues with, or is planning to file a claim, with the VA to the local Veteran Service Officer. They have the expertise to make the process way less painful.

Response by LTC Stephen F. made Mar 25 at 2015 1:57 PM

2015-03-25T13:57:34-04:00

The definitions/descriptions of disabilities and the disability ratings are different for US Military, Social Security and Veterans Affairs. Congress is aware of this and has chartered many veterans service organizations to assist veterans since the early 1900s. Congress specifically provides funds a few organizations to assist Veterans apply to the VA. One of those VFW helped me when I first applied in 2008. The man who assisted me went through my several inch thick file with me and translated my military-service related injuries into the specific disabilities they matched in the VA list. I was and am thankful for the assistance provided.

Response by CWO2 John Markiewicz made Mar 26 at 2015 12:52 PM

2015-03-26T12:52:17-04:00

The VA is attempting to formalize the system by creating standard forms for notifying them of a Veterans intent to file a claim. This is a disservice to Veterans who in the past could notify the VA by any means, including a scrap of paper. The desire to have a standard form and to push all veterans into filing electronically on line creates problems for many of our older and ill or injured veterans who, for whatever reason, are unable or unwilling to use computers. I fully understand the need for the VA to reduce the backlog and streamline the claims process, however, they must no be allowed to lose sight of their obligation to assist and make the process easier for the Veteran, not necessarily for themselves.

Response by LTC Stephen F. made Mar 26 at 2015 1:53 PM

2015-03-26T13:53:20-04:00

After reading John Markiewicz’s reasoned comments, I decided to look up the section of US law focused on VSOs. 38 U.S.C. Chapter 1 Part 14 sections 14.628 through 16.637 provides the law on Representation OF Department of Veterans Affairs Claimants; Recognition of Organizations, Accredited Representatives, Attorneys, Agents; Rules of Practice and Information Concerning Fees.
The law does not provide for direct funding of the VSOs.
However, under the law [§ 14.635 Office space and facilities] the VA Secretary may furnish office space and facilities ... in buildings owned or occupied by the Department of Veterans Affairs, for the use of paid full-time representatives of recognized national organizations, and for employees of recognized State organizations who are accredited to national organizations, for purposes of assisting claimants in the preparation, presentation, and prosecution of claims for Department of Veterans Affairs benefits.
The VFW office in Washington, D.C. that assisted me in 2008 was located in VA furnished office space I believe.

Response by LCDR Rabbah Rona Matlow made Oct 23 at 2015 6:54 PM

2015-10-23T18:54:45-04:00

LTC Stephen F. I think the issue is that it used to be acceptable to file claims in free form letters rather than by standard forms. The 526EZ has been around for over four years. IT is highly beneficial to veterans because by submitting the "Fully Developed Claim" the veteran has a role in the process, in getting all evidence together. The claim process is then greatly streamlined.

One of the biggest hurdles in the claim process was the form 21-4142 request for medical information. Far too often, providers would fail to respond. Despite letters to the veteran that ultimately they had responsibility for gathering evidence, most would just sit back and wait for things to happen. By requiring the veteran to obtain the medical evidence, it eliminates this major hurdle to adjudicating claims...

Further, this does not hinder the effective date of claim. Veterans now file a Notice of Intent to Submit a FDC. The date of this notice is the effective date of claim, and veterans have one year from that date to gather and submit evidence...

Response by Sgt Aaron Kennedy, MS made Mar 27 at 2016 10:04 PM

2016-03-27T22:04:57-04:00

Yes & No....

First off it's NOT designed to help vets... It's designed to help the Bureaucracy, however that WILL end up helping veterans eventually.

It's designed to "streamline" the MACHINE. I talk a lot about the VA being a machine. It is. The more we get it to operate like a machine, the more efficient it will be. The faster it can eat a claim and spit a claim out.

That's a good thing. Even if we don't get the result we want.

2 year backlogs don't help anyone. Paper claims don't help anyone.

If we can get claims into the 3-6 month realm, and 90% electronic, everyone wins. Even the folks who get their first and second claims rejected. Because they would be looking at 9-18 month (1.5 years) instead of 6 years to get the help they need.

It doesn't help our folks now though. It especially doesn't help our "Aging Veteran Population." That's who it hurts.

The other issue is that the VA (as a machine) will use any excuse to spit out a rejection letter, and they have no requirement to tell you why it was rejected. And with their "fully developed claim" process, they have essentially extorted a promise from the Vet that we won't come back and re-file if they screw it up in exchange for faster (not better) service.

Response by Cpl Chad Perry made Mar 27 at 2016 10:26 PM

2016-03-27T22:26:57-04:00

I am a VA employee. As of 3-24-15 all VA claims and appeals (with a few exceptions) are required to be filed on standardized forms. All VA forms can be downloaded for free at va.gov. Although the VA now prefers that claims get filed online through ebenefits, a claim can still get submitted through your county VSO or your POA. If you do not submit your claim online, it could take a couple weeks to get through snail mail and the scanning vendors for a paper claim to get uploaded into our paperless mail system before it is finally received at a VA regional office. The standardized forms are making a huge difference. When we used to accept any written statement on any piece of paper, quite often it was hard to understand what the veteran was asking for. The standardized forms are making things much easier. This is how it was explained to us. Would the IRS allow you to file your taxes on a sheet of notebook paper? The VA used to be the only federal agency that did not require standardized forms, and from what I've seen already in the past year, the standardized forms have made everything much easier and have saved a lot of time wasted on misunderstandings.