Most families are never told this: you can help a living veteran file, sign when they cannot, continue a claim after they pass, and file your own survivor claims for a toxic-exposure death. This is the full, plain-English guide—how claims are requested, what to gather, how to get a DD-214, and every form explained.
The truth most families are never told
Family members are rarely told they have rights of their own. You do not have to wait, and you are not powerless. Depending on your situation, you can help a living veteran prepare and file, sign a form when they physically or mentally cannot, step into a claim that was still open when they died, and file survivor claims in your own name when a service-connected illness took their life.
Toxic exposure—burn pits, Agent Orange, contaminated water, radiation, solvents, and more—can cause conditions that surface years later, sometimes after the veteran is gone. When that happens, the paperwork does not disappear with them. Below is exactly how these claims are requested, what evidence you need, and which form matches your situation.
Help a living veteran
Gather records, represent them, or sign for them when they cannot sign themselves.
File as a survivor
DIC, Survivors Pension, and accrued benefits are your own claims after a service-connected death.
Appeal a denial
A "no" is not the end. Denials and pending cases can be continued and challenged.
Start here
The path—and the forms—depend on one question first: is your veteran living, or have they passed away? Both paths are real, and both are often overlooked.
A competent veteran files in their own name, but a family member can do almost all of the heavy lifting: gathering records, building the exposure chain, and acting as an appointed representative. If the veteran cannot sign because of injury, illness, or incapacity, there is a specific form for that too.
See the living-veteran path
When a service-connected illness—including one tied to toxic exposure—contributes to a veteran's death, survivors can file for benefits in their own name, continue a claim that was still pending, and appeal a denial. These are separate programs with their own forms and deadlines.
See the survivor pathPath A · The veteran is living
A veteran who can make their own decisions must file in their own name—but you can carry nearly the entire load, and you can be formally appointed to act for them.
You can gather the DD-214, build the exposure timeline, collect medical records, and complete the paperwork. The veteran reviews and signs. This alone removes the biggest barrier most veterans face.
With VA Form 21-22 (a VSO) or 21-22a (an accredited attorney or agent), a representative is formally recognized to handle the claim. This is how professional advocates step in on the veteran's behalf.
If the veteran is physically unable to sign or is not mentally competent, VA Form 21-0972 lets an alternate signer certify and sign. VA may also require a fiduciary, a power of attorney, or a court order.
Path B · The veteran has passed
A veteran’s passing does not close the door. When a service-connected condition—including a toxic-exposure illness—caused or contributed to their death, survivors have distinct rights. Three of them are almost never explained.
A tax-free monthly benefit for a surviving spouse, child, or dependent parent after a service-connected death. Spouses and children use VA Form 21P-534EZ; parents use VA Form 21P-535.
If the veteran had a claim or appeal still pending when they died, an eligible survivor can step in and continue it with VA Form 21P-0847—keeping the original filing date. File within one year of the death.
Benefits VA had approved but not yet paid at the time of death can be claimed with VA Form 21P-601, following the order of succession. The death certificate is required.
Substitution vs. accrued vs. DIC are not the same thing. DIC is your own ongoing benefit. Substitution keeps the veteran’s pending case alive under your name. Accrued benefits recover what was already owed. Many families qualify for more than one—and filing one does not automatically file the others.
How claims are requested
Whether the veteran is living or has passed, the shape of the process is the same. These are the steps that turn "I know they were exposed" into a claim VA can act on.
Decide whether you are helping a living veteran file in their name, stepping into a claim after a death, or filing your own survivor benefit. Your relationship—spouse, child, parent, or next of kin—decides which door is open to you.
The discharge document proves when and where the veteran served. Those dates and locations are the backbone of a toxic-exposure claim. If you do not have it, you can request it (see the DD-214 section below).
Gather the unit, every duty station and deployment, and the veteran’s actual day-to-day duties—not just the primary job title. A TERA determination or ILER may support it. Exposure follows where the veteran was and what they did.
Collect the current diagnosis and, where possible, a medical opinion linking the condition to the exposure. If the veteran has passed, the death certificate and the records showing the fatal condition matter most.
Filing VA Form 21-0966 first tells VA a claim is coming and can protect the earliest possible effective date. You then generally have one year to submit the complete application.
Match your situation to the correct form (all listed below) or, if you are challenging a denial, the correct decision-review lane. File online at VA.gov, by mail, or in person at a regional office.
Eligibility rules are detailed and VA decides every case on its own facts. An accredited agent can check the exposure chain, the evidence, and the form before it goes in—often the difference between a grant and a denial.
How to get a DD-214
The DD-214 is the Certificate of Release or Discharge from Active Duty. It shows the branch, the service dates, and the assignments—the facts that put the veteran in the place and time of the exposure. It is the first document almost every claim depends on.
The veteran can download their own records through the government’s milConnect service, or request them from the National Archives. As their helper or appointed representative, you can assist once they authorize it.
Request the record from the National Archives online through eVetRecs, or on paper with Standard Form 180 (SF-180). Next of kin means an un-remarried surviving spouse, a parent, a child, or a sibling. You will need proof of the veteran’s death—a death certificate, obituary, or letter from the funeral home. For next of kin, the request is free.
What to gather
You will not always have every item, and you do not need all of it to start. Gather what you can, file an Intent to File to protect your date, and keep building. Check off what you have.
Every form, plainly
Form numbers are intimidating until someone explains them. Here is every form a family may need, grouped by what you are trying to do. Always confirm the current version on VA.gov before you file.
Who uses it
Anyone preparing a claim or survivor benefit
What it does
Notifies VA a claim is coming and locks in the earliest possible effective date. File the complete application within one year.
Who uses it
Next of kin of a deceased veteran
What it does
The paper request to the National Archives for the veteran’s DD-214 and service records. eVetRecs is the online version.
Who uses it
The veteran or claimant
What it does
Appoints an accredited VSO to prepare and present the claim. VSO representation is always free.
Who uses it
The veteran or claimant
What it does
Appoints an accredited attorney or claims agent. An agent may charge a fee only on recovered past-due benefits—never on a first-time claim.
Who uses it
Someone signing for a claimant who cannot
What it does
Used when the claimant is physically unable to sign, is not mentally competent, or is under 18. VA may ask for a power of attorney, court order, or fiduciary appointment.
Who uses it
A surviving spouse or child
What it does
The main survivor application after a service-connected death, including a death tied to toxic exposure.
Who uses it
A surviving dependent parent
What it does
Parents’ DIC. It is often paired with an income and asset statement (VA Form 21P-0969).
Who uses it
An eligible survivor
What it does
Steps into a claim or appeal that was still pending when the veteran died so the case is not lost. File within one year of the death.
Who uses it
A survivor in the order of succession
What it does
Claims benefits VA owed but had not paid at death. Requires the death certificate.
Who uses it
Anyone with new and relevant evidence
What it does
Reopens the decision with evidence VA has not seen. VA has a duty to help gather what you identify.
Who uses it
Anyone who believes VA erred on the existing record
What it does
A more senior reviewer re-decides the same evidence. No new evidence, but you can request one informal conference.
Who uses it
Anyone appealing to the Board
What it does
Sends the case to a Veterans Law Judge. Choose the direct-review, evidence-submission, or hearing docket.
Appeals
If VA denied the claim, or granted less than it should have, you have three ways to ask for a review. You generally have one year from the date on the decision letter to keep the earliest effective date, and you can move between lanes as new decisions come in. Survivors can appeal a DIC denial the same way.
Choose this when you have new and relevant evidence VA has not seen—corrected records, a specialist report, unit history, or a detailed exposure statement. VA must help gather what you identify.
Choose this when you believe VA made an error on the evidence it already had. A more senior reviewer takes a fresh look, and you can request one informal conference to point out the mistake.
Sends the case to a Veterans Law Judge at the Board. Choose direct review, evidence submission, or a hearing docket—each with its own timeline and rules about new evidence.
Denials are often about evidence, not eligibility. A toxic-exposure claim is frequently denied because the exposure chain or the medical link was not fully built—not because the veteran did not qualify. That is exactly the kind of gap a fresh review can close.
Deadlines & effective dates
Missing a deadline rarely ends a claim, but it can cost months or years of back pay. These are the ones that matter most for families.
To keep the earliest effective date, request a decision review (Supplemental Claim, Higher-Level Review, or Board Appeal) within one year of the date on the decision letter.
A survivor generally must file the substitution request (VA Form 21P-0847) within one year of the claimant’s death to continue a claim or appeal that was pending when the veteran died.
A claim for benefits VA owed but had not paid at death (VA Form 21P-601) is generally due within one year of the death.
When a survivor files for DIC within one year of the veteran’s death, benefits can generally be paid back to the first day of the month of death.
After an Intent to File is received, the complete application filed within one year is treated as filed on the earlier Intent-to-File date.
Straight talk before you file
Albert Thombs and a team of 10 accredited advocates can look at your situation, confirm which rights apply, and help you file it right the first time—for a living veteran or as a survivor. On recovered past-due benefits, there is no fee unless you win, and never a fee to start a first-time claim.
Typical response within 48 hours
VA-Accredited Claims Agent #45147
Tell an accredited agent what happened. We review your situation first and tell you honestly whether we can help — before anyone signs anything.
An accredited agent personally reviews every request — we’ll reach out within 48 hours.