The VA’s New Powers Under the Veterans Benefits Improvement Act: A Potential Hurdle for Veterans’ Claims
In December 2024, the Veterans Benefits Improvement Act of 2024 came into effect, introducing changes that could significantly impact veterans filing disability claims. Our contributor explores the implications of this legislation, particularly the VA’s newfound authority to remove public-facing Disability Benefit Questionnaires (DBQs). This article delves into what this means for veterans, potential workarounds, and steps to take to ensure a successful claim.
A Special Thank You
Before diving into the details, our contributor extends heartfelt gratitude to Sharon Irwin Henry for their generous support via a super comment. Thank you, Sharon, for your continued encouragement!
The Veterans Benefits Improvement Act: What’s Changed?
Signed into law on December 23, 2024, the Veterans Benefits Improvement Act addresses various aspects of the VA’s medical disability examinations and benefits claims process. One of the most notable provisions, outlined in the opening paragraphs of the act, grants the VA the ability to stop publishing certain DBQ forms if they determine these forms cannot be completed to a “clinically acceptable standard” by non-VA employees or contractors.
In simpler terms, the VA can argue that only their doctors or contractors fully understand the benefits process, which includes both medical and legal components, such as the VA’s schedule of ratings. This creates a potential slippery slope for veterans, as the VA could use this authority to remove all public-facing DBQs, making it harder to submit robust claims.
A Historical Precedent
This isn’t the first time the VA has taken such a step. In 2020, the VA removed all public-facing DBQs, prompting significant backlash from veteran service organizations. Our contributor, who was an accredited veteran service officer at the time, recalls the collective push to reinstate these forms. The question now is whether the VA will “pull the trigger” again, leveraging the 2024 act to restrict access to DBQs once more.
Why DBQs Matter—and Why They’re Tricky
DBQs are critical tools for veterans filing disability claims, as they help the VA determine where a veteran’s condition falls on the rating schedule. However, a DBQ completed by a non-VA doctor is often ineffective unless it incorporates specific language from the rating schedule. Our contributor emphasizes that simply handing a blank DBQ to a doctor and asking them to fill it out is insufficient. Without aligning the responses with the VA’s criteria, the form may only serve as additional evidence of a condition—potentially leading the VA to require a Compensation and Pension (C&P) exam to gather the information they need.
Workarounds for Veterans
To navigate this potential challenge, our contributor suggests the following steps:
- Educate Your Doctor: Discuss the VA disability benefits process with your doctor, focusing on the schedule of ratings for your specific condition. Provide them with the exact criteria for each rating level and ensure they incorporate this language into the DBQ, along with any necessary legal terminology.
- Seek Expert Assistance: If your doctor is unable or unwilling to complete the DBQ correctly, consider consulting board-certified doctors who specialize in VA claims, such as those offering free consultations through American Medical Experts. These professionals understand the VA’s requirements and can prepare solid medical evidence tailored for benefits purposes.
- Prepare for a Post-DBQ World: If the VA removes public-facing DBQs, veterans can still submit equivalent documentation. Work with your doctor to create a detailed letter outlining the severity of your condition, referencing the rating schedule, and clearly indicating where you fall on it. This letter, signed by your doctor, should suffice for rating purposes.
What If the VA Pulls the Trigger?
Since the end of the Biden administration in December 2024, the VA has had the authority to remove public DBQs. While it’s unclear whether they will act on this power, our contributor advises veterans to act proactively. If DBQs are removed, organizations like American Medical Experts are likely to develop their own versions of these forms, ensuring veterans can still provide the necessary information in a VA-compliant format.
Action Steps for Veterans
To stay ahead of potential changes, our contributor recommends taking the following actions now:
- File Your Intent to File: Submit your intent to file as soon as possible to lock in an earlier effective date for your claim.
- Gather Evidence: Start collecting medical evidence, including DBQs, nexus letters, buddy statements, family member statements, and your own personal statement.
- Act Quickly: Work on your claim diligently to submit it as soon as possible, minimizing the risk of being affected by any future DBQ restrictions.
Final Thoughts
The Veterans Benefits Improvement Act of 2024 has introduced uncertainty for veterans seeking disability benefits. While the VA’s ability to remove public DBQs looms in the background, veterans can still take control of their claims by working closely with their doctors, leveraging expert resources, and acting swiftly. Our contributor urges veterans to stay informed and proactive to ensure their claims are as strong as possible.
Disclaimer: The views and opinions expressed in this article are those of the contributor and do not necessarily reflect the official policy or position of any organization. This article is intended for informational purposes only and should not be construed as legal or medical advice.
