Lawsuit Filed Regarding VA Form Changes

In a recent article, we mentioned that VA had changed it rules to require veterans to file standardized forms.  These forms would do away with the informal claims process that has existed for many years.  The change went into effect in March 2015.

According to article from Stars and Stripes and Military Times, AMVETS, American Legion, and other groups have filed a lawsuit to undo the VA rule changes.  The lawsuit appears to focus on the problems associated with doing away with the informal claims process.  VA indicates that doing away with the informal claims process will help VA develop claims quickly, but many people are concerned the process will hurt veterans.  For example, veterans may intend to file a claim but not use the correct form.  This may prevent the veteran from actually starting the claim.

Even when the correct form is filed, a veteran may only start the claim for the disability listed on the form.  VA may not have to consider a disability that is not listed.  Many people are concerned that this is in opposition to VA’s longstanding role of assisting veterans in the claims process.  If VA discovers an unclaimed disability while processing a claim, VA should not just be able to ignore that disability and only focus on what was claimed.

This lawsuit does not stop the changes that VA made.  If you are going to file a claim for veterans benefits or a notice of disagreement, you need to be sure you use the new forms.  If you have any questions, one of our veterans benefits attorneys will be happy to talk to you for free.

 

What if I have more questions about my VA claim?

I understand you want your VA claim to be done as quickly as possible. But remember the ultimate goal – to win your VA disability compensation claim.

You may eventually get there on your own, but it may be after a series of decisions by the Regional Office and Board of Veterans Appeals. Sometimes claims are appealed and remanded several times, which can cause a claim to drag on for years. If you are interested in avoiding unnecessary delay in your claim and want to do everything you can to maximize your chances of success, it is probably a good idea for you to consult with an accredited veterans disability attorney.

We would be happy to talk to you. If you would like a free consultation with our Perkins Studdard veterans disability attorneys just click here or give us a call to begin the process.

Travis Studdard is an attorney who focuses on representing veterans in VA disability compensation claims.  He regularly writes about issues that are important to veterans and their families.
You can subscribe to his Veterans Disability channel on YouTube.

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