How a New VA Case in 2025 Could Revolutionize Benefits

 

Chisum v. Collins: A Game-Changer for Veterans’ Supplemental Claims

 

 

Chisum v. Collins: A Game-Changer for Veterans’ Supplemental Claims

I’m excited to dive into a groundbreaking case fresh from the Court of Appeals for Veterans Claims: Chisum v. Collins. This decision has far-reaching implications for veterans navigating the VA’s claims process, particularly around supplemental claims and requests for increased ratings. Let’s break it down and explore why this case matters.

Case Background: The Players and the Stakes

Chisum v. Collins involves Chisholm Chisholm & Kilpatrick (CCK), a prominent New England-based VA disability benefits law firm known for its robust advocacy. Surprisingly, this case, which could reshape aspects of the Appeals Modernization Act (AMA), hinged on a modest dispute over $300 in attorney’s fees—a small sum for a firm of CCK’s stature but one that sparked significant legal questions.

In November 2019, a veteran sought an increase in disability ratings, which the VA denied in February 2020. CCK then filed a higher-level review, but the VA didn’t budge. Within a year, the veteran submitted additional evidence and a request for Total Disability Based on Individual Unemployability (TDIU) using VA Form 21-8940. By April 2022, the VA granted increased ratings but refused to pay attorney’s fees, arguing that TDIU requests are considered “requests for increase,” not supplemental claims, which don’t qualify for fee awards under VA regulations.

The Court’s Ruling: Supplemental Claims Are a “Vibe,” Not Just a Form

The Court of Appeals for Veterans Claims made a bold statement: a supplemental claim doesn’t have to be filed on VA Form 20-0995 to be valid. Instead, the court emphasized the veteran’s intent. In this case, the TDIU request was deemed a supplemental claim because it aimed to challenge the VA’s prior decision with new evidence. This ruling challenges the VA’s rigid insistence that specific forms dictate the nature of a claim.

Why does this matter? For years, veterans have faced delays and denials when the VA reclassifies their supplemental claims as requests for increase, requiring a VA Form 21-526EZ. This reclassification can disrupt “continuous pursuit,” a critical concept under the AMA that allows veterans to preserve earlier effective dates if they challenge a decision within one year. Losing continuous pursuit can cost veterans months—or even years—of retroactive benefits.

The Appeals Modernization Act: A Quick Refresher

Enacted in February 2019, the AMA introduced three ways to challenge VA decisions: supplemental claims, higher-level reviews, and appeals to the Board of Veterans’ Appeals. Filing any of these within one year of a decision maintains continuous pursuit, potentially securing an effective date back to the original claim. However, a request for increase (filed on Form 21-526EZ) doesn’t preserve this benefit, creating a trap for veterans who believe they’re appealing but are instead starting anew.

The VA’s practice of redirecting supplemental claims to Form 21-526EZ has led to confusion, delays, and lost benefits. For example, a veteran might file a supplemental claim (Form 20-0995) to dispute a rating, only to receive a letter—sometimes months later—stating they should have filed a 526EZ. This not only stalls the claim but risks forfeiting earlier effective dates.

Why Chisum v. Collins Is a Big Deal

The court’s ruling in Chisum v. Collins pushes back against the VA’s form-centric approach, affirming that a claim’s substance matters more than its paperwork. This could open doors for veterans whose claims were improperly reclassified, potentially unlocking significant retroactive benefits. For attorneys, it’s a tool to argue for earlier effective dates in cases where the VA has dismissed supplemental claims as “wrong form” filings.

Consider this scenario: A veteran files a supplemental claim in 2020 but, six months later, receives a VA letter demanding a 526EZ. They comply, get an increase, but the effective date is set to the 526EZ filing, not the earlier 0995. Under Chisum v. Collins, that original supplemental claim might still count, preserving continuous pursuit and securing back pay from the earlier date. In cases with long histories of underrated disabilities, this could mean tens of thousands in retroactive benefits.

A Word of Caution

While this decision is promising, don’t expect immediate changes. The VA is likely to appeal to the Federal Circuit, prolonging implementation. Moreover, the VA’s reliance on automated systems means non-standard forms may still be rejected outright. For now, veterans should continue using Form 20-0995 for supplemental claims to avoid delays.

Navigating these nuances requires expertise. Veterans should work with accredited representatives—attorneys, Veterans Service Officers (VSOs), or organizations like the DAV or VFW—who can review their entire claims file to ensure no opportunities are missed. The complexity of effective dates, intents to file, and continuous pursuit underscores the need for professional guidance.

What Veterans Should Do Next

If you’ve received a VA decision you disagree with, act quickly. You have one year from the decision date to file a supplemental claim, higher-level review, or appeal to maintain continuous pursuit. Missing this window could limit your effective date and reduce benefits. If you’ve been told you filed the “wrong form” or suspect an error in your rating, reach out to an accredited representative for help.

Chisum v. Collins is a reminder that the VA’s process isn’t always rigid. With the right advocacy, veterans can challenge bureaucratic hurdles and secure the benefits they’ve earned. Stay informed, stay proactive, and don’t hesitate to seek assistance.

Disclaimer

This article reflects, in part, the opinions of the author based on their interpretation of the Chisum v. Collins case and its potential implications. It is not legal advice. Veterans should consult with accredited representatives or legal professionals for guidance specific to their claims.



(Denials Guaranteed) VA Claims That May be a Waist of Time

(Denials Guaranteed) VA Claims That May be a Waist of Time

Why Filing VA Claims Without Proper Evidence is a Costly Mistake

A Common VA Claim Mistake

A veteran recently sought assistance from a VSO after receiving a denial on a claim. The veteran wanted to file a supplemental claim, hoping for a better outcome. The VSO agreed and submitted two supplemental claims on the veteran’s behalf. However, the VSO failed to include new and relevant evidence—something explicitly required for a supplemental claim. The original denial stated that the claim was missing a Nexus letter, yet the VSO proceeded without addressing this critical issue.

Why would a VSO file a supplemental claim without including the necessary evidence? The answer varies, but in many cases, it comes down to lack of thoroughness, a lack of understanding, or simply not prioritizing the veteran’s best interests.

The Role of a Nexus Letter in VA Claims

For many VA claims, a Nexus letter serves as a crucial piece of evidence. It establishes a link between a veteran’s current medical condition and their military service. If a claim was denied due to a lack of Nexus, filing a supplemental claim without it is a guaranteed path to another denial.

VSOs should be upfront with veterans about the necessity of obtaining medical evidence. Avoiding the conversation because it may involve out-of-pocket costs is not a valid excuse. Veterans deserve to know what is required to support their claims so they can make informed decisions.

The Right Time to Obtain a Nexus Letter

Ideally, a veteran should obtain a Nexus letter before filing their initial claim. If the claim was already denied due to a missing Nexus, the logical next step is to secure that evidence before submitting a supplemental claim. Filing multiple claims without resolving the root issue only leads to delays and frustration.

If a supplemental claim has already been filed without the required evidence, the veteran has two options:

  1. Submit the Nexus letter as soon as possible and hope it gets reviewed before the Compensation & Pension (C&P) exam.
  2. Withdraw the claim, gather the necessary evidence, and refile with everything in place.

Should You Withdraw a Bad Claim?

Withdrawing a claim is sometimes the smartest move. If a veteran can clearly see that a claim is destined for denial due to missing evidence, it may be better to withdraw it and file a stronger supplemental claim later. The VA operates under strict guidelines, and attempting to submit missing evidence after the fact does not always guarantee a fair review.

Another important step is revoking the Power of Attorney (POA) from any VSO or representative who has mishandled a claim. If a VSO files a claim incorrectly, they still retain the ability to act on the veteran’s behalf until their POA is officially revoked. Ensuring that the only person in control of the claim is the veteran themselves eliminates unnecessary complications.

Final Thoughts

Veterans must be their own best advocates in the VA claims process. While VSOs can be helpful, they do not always provide the level of attention and expertise necessary for a successful claim. Understanding the importance of medical evidence, particularly Nexus letters, and taking proactive steps before filing can save valuable time and effort.

By taking charge of the process, veterans can avoid unnecessary delays and ensure their claims have the best chance of approval the first time around.

Disclaimer: The information provided in this article is for informational purposes only and reflects the opinions of the author. Readers should conduct their own research and consult with qualified professionals before making decisions regarding their VA claims.

When dealing with VA claims, every decision can have long-term consequences. Veterans often rely on Veteran Service Officers (VSOs) for guidance, but what happens when these representatives fail to provide the necessary information? Let’s break down a common scenario and explore the best approach to handling VA claims effectively.