Standard Claims and Appeals Forms

Questions and Answers

Why is VA moving to require standardized forms? VA wants to make it as fast and easy as possible for Veterans to file for compensation benefits or appeal a VA decision. Standard forms will make the process more efficient, allowing the Veteran to precisely state what he or she is seeking. As a result, VA will be less likely to need to contact the claimant for clarification, a step which occurs often in our current process. Under the current process, this step adds additional time to the processing of claims and can delay the delivery of decisions on benefits to Veterans. Also, using standardi ed forms, especially those submitted electronically, helps with VA!s goal of ma"imi ing automation. Is there something wrong with the current method of filing a claim or appeal? #hile there has always been a form available for claimants to use to file an application for compensation benefits, this form is only re$uired when filing for the very first time. Veterans can currently submit applications for benefits through informal communication, by stating their claim in writing on a sheet of paper, a submission which VA is re$uired to construe as a claim. %n these instances, follow&up contact is often necessary for clarification and missing information. 'his step adds considerable time to the processing of claims and appeals, delaying decisions and delivery of benefits. (y using a standard form all the time )) VA will know e"actly what the Veteran is claiming or appealing and can then proceed on to ne"t steps in the decision making process as $uickly and efficiently as possible. Are Veterans still able to file informal claims? 'he proposed rule will incorporate the Veteran&friendly aspects of the current informal claims rule, albeit in a different way. %ncomplete claims will be accepted in some circumstances, such as Veterans who file through e(enefits. Veterans who file claims electronically through e(enefits may do so in several steps, saving the date of beginning an application as the effective date of any subse$uent benefits, provided that they finish the application within one year. 'his one&year time period will provide them the opportunity to gather any necessary supporting documents to substantiate their claim and upload them electronically into VA!s new modern claims processing system. All medical conditions identified in the final claim will be considered granted as of the initial date the claimant began the application. 'his new electronic process, whereby the claimant can start the claims process by submitting an incomplete claim, replaces the former concept of an *informal claim.+ ,owever, only by using the electronic process will the claimant be able to take one full year to complete a claim and still preserve the earlier effective date. 'he new rule also provides a means for Veterans filing second&time or subse$uent claims for increase -supplemental claims. to still receive favorable effective dates. Veterans who do not have access to a computer may go to the closest VA facility to file claims with the assistance of VA computers. VA also encourages Veterans to work with State, County or Veterans Service /rgani ation representatives who may assist the Veteran in filing a claim electronically.

What forms would Veterans or their survivors be required to use? Claimants filing claims for compensation may either file online through e(enefits, or submit VA Form 01234 on paper. 'his form covers all kinds of claims for compensation including the following5 first&time claims6 claims for an increased rating6 claims for compensation for new conditions6 claims to re&open a previously denied claim6 and claims for compensation where the claimed in7ury was allegedly the result of VA!s negligent medical treatment. Veterans and survivors filing pension claims, would use VA Form 01834. Survivors filing for 9ependency and %ndemnity Compensation -9%C., Aid and Attendance or housebound would file VA Form 0:;34. 'hese forms are commonly referred to as our Fully 9eveloped Claims -F9C. forms and are currently used on an optional basis. Veterans and survivors do not have to file F9Cs when using them, although VA strongly encourages them to do so because VA can process these kinds of claims faster. Veterans filing a <otice of 9isagreement to begin an appeal of a decision with which they disagree would state their contentions on VA&Form 1=&>?0@, a new standardi ed <otice of 9isagreement form. 'his form is also currently in use by Veterans, survivors, and VS/s on an optional basis. Will these standardized forms impose additional requirements on Veterans seeking benefits? 'his will not impose additional re$uirements. %t changes the method of how a claim is initiated by re$uiring the use of the standard form. Aost federal agencies and private sector organi ations already re$uire the use of standardi ed forms for citi ens to file for available benefits. For instance, both the Social Security Administration and %nternal Bevenue Service re$uire the use of standardi ed forms to file for benefits or complete a ta" return. VA will be adopting use of standard forms in order to make it easier for Veterans to file for benefits and allow the VA to provide faster, more efficient service. What legal authority gives VA the ability to make these changes? Congress has granted VA broad authority to *prescribe all rules and regulations which are necessary or appropriate to carry out the laws administered by CVAD and are consistent with those laws,+ including specific authority to prescribe *the forms of application by claimants under such laws+. :@ U.S.C. 0>=-a.. When will this be effective? 'he rule will be published in the Federal Begister /ctober :=, 1>=: and will allow 2> days for public comment. /nce VA has addressed the comments and made any appropriate changes based on comments, the rule is published as final in the Federal Begister. 'he rule will take effect :> days following the date it is published as final. VA will evaluate whether a delayed effective date will assist Veterans and their representatives with implementation of the new regulations. What happens to the claims or appeals filed under the old regulations? o Veterans need to re!file? <o, Veterans who already filed claims or <otices of 9isagreement using the current process prior to the effective date of the final rules will not have to re&file. /nly after the rule changes become final will VA re$uire Veterans and survivors to use standardi ed forms. What training will Veterans" representatives such as V#$s receive on the new standardized forms?

VA values the partnerships it has in the Veterans community, such as those with Veterans Service /rgani ations, the state departments of Veterans Affairs, and with our county service officers. VS/s were briefed prior to the publication of the proposed rule. #e continue to seek their input and advice as we formulate the new procedures for the use of these forms. VS/s generally train their own service officers6 however VA is always available to provide whatever information they may need to conduct effective and meaningful training. %ow will this improve the claims process for Veterans? VA wants to make it as fast and easy as possible for Veterans to file for benefits. Standard forms will make the process more efficient, allowing the Veteran to precisely state what he or she is seeking. 'he use of standardi ed forms will make the entire claims process more efficient since it allows Veterans the opportunity to apply for benefits by *filling in the blanks+ on short and easy to understand forms either on paper or online. %f filing online, the application essentially asks the claimant a series of $uestions re$uiring responses, which complete the form. 'he process will enable Veterans to receive decisions on the benefits they have earned and deserve more $uickly, and helps with VA!s goal of ma"imi ing automation. What impact will this change have on the backlog? 'oo many Veterans wait too long to get the benefits they have earned and deserve, which is why we are implementing a robust plan to fi" the problem. 'his proposed change is part of our efforts to ensure we achieve the Secretary!s goals to eliminate the backlog in 1>=0 when we will process all claims in =10 days with ?@ percent accuracy. 'hese changes are necessary to improve the $uality and timeliness of the processing of Veterans! claims for benefits and appeals, and are intended to moderni e the VA system so that all Veterans receive more timely and accurate ad7udications of their claims and appeals. What public communications will VA do to inform stakeholders of this change? Erior to the publication of the proposed rule, VA will brief VS/s, and notify its oversight committees in Congress. Upon publication of the final rule, VA will inform the public through websites, social media, press releases and other communications, while working closely with ma7or stakeholders.