It’s April from The Vocal Veteran. In this post, I want to address a common point of confusion among many veterans: knowing which VA form to use when applying for benefits. This may sound straightforward, but it can indeed get confusing. Let’s break it down.
Understanding Your VA Rating and the Need to File
Recently, I had a conversation with a veteran about this very topic. This veteran has a knee condition that has worsened over time, and he wants to increase his disability rating. If your condition’s rating is over one year old, you need to submit a new claim to get your rating adjusted.
Why File a New Claim for Something Already Service-Connected?
Here’s where the confusion often lies. You might wonder why you’re required to file a new claim for a condition that’s already service-connected. Simply put, if your condition has worsened significantly and it’s been more than a year since your last rating decision, filing a new claim is the way to go.
Filing Within One Year: Supplemental Claim or Higher-Level Review
Say you were rated for your knee two months ago, and you believe it should be rated higher than the 10% assigned. If you’re within the one-year window from your original rating and have new evidence, you have two options:
- Supplemental Claim: Submit if you have additional evidence showing your condition is more severe than initially rated.
- Higher-Level Review: Request this if you believe your claim was improperly evaluated, possibly due to an oversight.
Filing After One Year: Original Claim
If it’s been over a year and your knee has worsened significantly, an original claim is the route you should take. Clearly state on your form that your condition is already service-connected and has deteriorated since your last evaluation.
Understanding the Forms:
Here are the primary forms and when to use them:
- The 526EZ: This is the form for filing a new claim for a brand new condition or if you are looking to increase a rating on something that is one year or older.
- Supplemental Claim: This comes into play when you have new, relevant information for the VA to consider.
- Higher-Level Review: Employ this form if you encounter an error that led to an incorrect decision based on existing evidence.
Real-Life Example
A client of mine recently faced a situation where the examiner confirmed that her GERD was service-connected. Unfortunately, the decision letter erroneously stated the opposite. This is a textbook case for a higher-level review: the evidence exists, but the decision was incorrectly made.
Offering Support
I hope this post clarifies the process of selecting the correct VA form for your situation. Remember, navigating these forms may be a hassle, but they are crucial for ensuring you receive the benefits you deserve. Have a fantastic day!