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Family & survivors/Filing & appeal guide

You may have the right to file—or appeal—for your veteran.

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

If you believe your veteran was exposed, that instinct opens a door

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.

Family member and accredited agent helping a living veteran prepare a claim

Help a living veteran

Gather records, represent them, or sign for them when they cannot sign themselves.

Surviving spouse holding a folded American flag at home

File as a survivor

DIC, Survivors Pension, and accrued benefits are your own claims after a service-connected death.

Hands marking up a VA denial letter to identify what the decision missed

Appeal a denial

A "no" is not the end. Denials and pending cases can be continued and challenged.

Start here

Which situation are you in?

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.

Adult child sitting beside a living veteran parent going through claim paperwork at home
Your veteran is living

You help—the claim is in the veteran's name

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
Surviving spouse at a table with a folded flag, photographs, and the veteran's discharge papers
Your veteran has passed away

You have rights of your own as a survivor

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 path

Path A · The veteran is living

Filing for a living veteran

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.

Daughter and veteran father organizing service records and medical paperwork side by side

Do the work with 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.

Accredited representative and veteran signing an appointment form together

Be appointed to represent

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.

Caregiver steadying a hospitalized veteran's hand while an alternate signer form is completed

Sign when they cannot

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.

Be honest about consent. You generally cannot file for a living, mentally competent veteran without their authorization. Your role is to help, to be appointed as a representative, or—only when the veteran truly cannot act—to sign under the alternate-signer or fiduciary rules. When in doubt, an accredited agent can tell you which applies.

Path B · The veteran has passed

Filing as a survivor—in your own name

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.

Surviving spouse holding a folded flag and a folder of the veteran's service records

Dependency & Indemnity Compensation

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.

Family member and advocate reviewing a pending VA claim file that stayed open after the veteran's death

Substitution—continue their claim

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.

Hands sorting VA payment statements and a death certificate to claim benefits already owed

Accrued benefits already owed

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

The step-by-step, from instinct to filing

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.

1

Confirm eligibility and your relationship

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.

2

Get the DD-214 and service records

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).

3

Build the exposure chain

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.

4

Gather the medical evidence

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.

5

Lock your effective date with an Intent to File

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.

6

Choose the right form or appeal lane, then file

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.

7

Get an accredited review before you submit

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.

Two family members' hands holding a military service discharge document beside a laptop and folder
The keystone document

How to get a DD-214

Without the DD-214, the exposure is hard to prove

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.

If the veteran is living

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.

If you are the next of kin of a deceased veteran

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.

Two things to know: records cannot be requested by email under the Privacy Act, and a 1973 fire at the records center destroyed many Army and Air Force files—some may need reconstruction, which takes longer. Start early.

What to gather

The evidence checklist

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

The forms you might file—and what each one does

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.

Protect your date and get the records

VA Form 21-0966

Intent to File a Claim

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.

Standard Form 180 (SF-180)

Request Pertaining to Military Records

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.

Speak for the veteran

VA Form 21-22

Appointment of a Veterans Service Organization

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.

VA Form 21-22a

Appointment of an Individual as Representative

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.

VA Form 21-0972

Alternate Signer Certification

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.

Continue or claim after a death

VA Form 21P-534EZ

Application for DIC, Survivors Pension, and/or Accrued Benefits

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.

VA Form 21P-535

Application for DIC by a Parent

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).

VA Form 21P-0847

Request for Substitution Upon Death of Claimant

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.

VA Form 21P-601

Application for Accrued Amounts Due a Deceased Beneficiary

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.

Challenge a decision (appeals)

VA Form 20-0995

Supplemental Claim

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.

VA Form 20-0996

Higher-Level Review

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.

VA Form 10182

Board Appeal (Notice of Disagreement)

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

A denial is not the end—and survivors can appeal too

If VA denied the claim, or granted less than it should have, you have three ways to ask for a review inside the VA, and a fourth lane outside it in federal court. 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.

All four appeal lanes, explained in full
Veteran and a former squad member reviewing a written statement together at a kitchen table
VA Form 20-0995

Supplemental Claim

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.

Reviewer paging through a thick VA claim file looking for the error in the prior decision
VA Form 20-0996

Higher-Level Review

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.

Formal hearing room table set for a Veterans Law Judge appeal hearing
VA Form 10182

Board Appeal

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

The clocks that decide how far back benefits reach

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.

One year to challenge a decision

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.

One year to step into a pending case

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.

One year for accrued benefits

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.

DIC filed within a year can reach back

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.

Intent to File holds your place for a year

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

What this guide does not promise

Eligibility rules are detailed, and VA decides every case on its own facts. This guide maps the doors; it cannot guarantee any of them open for you.
Contamination or presence near a hazard does not automatically prove a condition was caused by service. A medical link still matters when there is no presumption.
Not every death qualifies for DIC. The service-connected condition generally must have caused or contributed to the death, or the veteran must have been totally disabled for a required period.
You cannot file for a living, competent veteran without their authorization. Help them, be appointed, or use the alternate-signer rules only when they truly cannot act.
Form numbers, addresses, and rules change. Confirm the current version and mailing address on VA.gov before you rely on anything here.
Beware anyone who guarantees an outcome or charges up front for a first-time claim. Verify accreditation before you sign a representation form.

Turn this page into an appointment

How to get seen about this

Reading a symptom list changes nothing on its own. A dated note in your medical record does — for your health first, and years later for a claim. Below is every route to an appointment, the phrase that gets your exposure history written down, and the numbers to dial. Nothing on this page is a diagnosis, and none of it replaces your doctor.

A veteran at a VA medical center check-in counter making an appointment while a clerk types it into the system

Some things do not wait for a scheduler

Chest pain or pressure lasting more than a few minutes, or chest pain with sweating, nausea, or pain spreading to the jaw or arm

Sudden trouble breathing, or breathlessness while sitting still

Face droop, weakness or numbness on one side, slurred speech, or sudden confusion

Coughing up or vomiting blood, or bleeding that will not stop

A first seizure, or fainting you cannot explain

Call 911 or go to the nearest emergency room. Do not wait to reach a VA facility first, and do not drive yourself. Tell VA as soon as you can afterward — VA asks to be notified within 72 hours of emergency care received in the community — and keep every discharge paper and bill.

Call your VA medical center

Fastest
  • Calling your own VA facility is the quickest way to get an appointment. VA Health Connect gives you round-the-clock phone access to a scheduler, a nurse, and in many regions a provider.
  • Do not know your facility's number? Call MyVA411 at 800-698-2411, any hour, and ask to be connected to your VA medical center's scheduling line.
  • Say you are an established patient if you already have a primary care provider, and ask for the next available appointment with that provider.
  • If nothing is available soon, ask to be added to the cancellation list and ask whether a nurse can advise in the meantime.

Call VET-HOME — VA's exposure team

Exposure-specific
  • 833-633-8846, Monday to Friday, 9:00 a.m. to 7:30 p.m. ET. VET-HOME stands for Veterans Exposure Team — Health Outcomes Military Exposures, and it exists for exactly this conversation.
  • Say: I want a military environmental exposure assessment. The intake center schedules you with a clinician specially trained in military environmental exposures — by telehealth, so it does not matter how far you live from a medical center. Any veteran enrolled in VA health care, anywhere in the United States or its territories, can use it.
  • The clinician documents your exposure history, answers exposure-related questions, and recommends follow-up. If labs, imaging, breathing tests, or a specialty consult are needed, they say so. Afterward VA mails you a letter with your results, what they mean, and the recommendations.
  • Two limits, so you are not surprised: VET-HOME clinicians do not prescribe medication and do not complete disability claim forms. What they produce is a dated VA record of your exposure history — which is the piece most claims are missing.
  • They also handle the environmental health registry evaluations, and those do not require VA health-care enrollment. If you would rather be seen in person, ask for the environmental health coordinator at your own facility instead — the list is further down this site's Talk To Your Doctor page.

Schedule online or message your care team

  • Sign in on VA.gov to schedule or request many appointments yourself. What you can book online depends on your facility and the type of care.
  • You can also send your care team a secure message through My HealtheVet. Use it for non-urgent things — replies typically take up to three business days.
  • Secure messaging is not for anything urgent. If you need an answer today, call instead.
  • Locked out or cannot find the option? The My HealtheVet help desk is 877-327-0022.

Not enrolled in VA health care yet

  • Call the VA Health Benefits Hotline at 877-222-8387, Monday to Friday, 8:00 a.m. to 8:00 p.m. ET, and say you want to enroll in VA health care.
  • Enrollment is what unlocks VA primary care and the toxic exposure screening. Under the PACT Act many veterans who were turned away years ago are now eligible, so do not assume an old answer still applies.
  • Enrolling does not mean giving up your own doctor. Plenty of veterans keep a civilian provider and use VA alongside it.
  • Enrolling in health care is separate from filing a disability claim. One does not require the other.

You see a civilian or private doctor

  • Ask the front desk for the next available appointment and tell them why: a symptom that has lasted weeks, plus chemical and airborne exposure during military service.
  • Bring this page, or write the exposures and years on one sheet of paper. Hand it over and ask for it to be scanned into your chart.
  • A community provider can order tests, refer you, and write your exposure history down — all of which helps. What they cannot do is VA's toxic exposure screening, which only happens inside VA's own record system.
  • Ask for a copy of the visit note and every result. Those copies are yours, and they are what a claim is eventually built from.

If you are in crisis right now

24/7
  • Dial 988 and press 1, or text 838255. The Veterans Crisis Line is staffed around the clock.
  • You do not need to be enrolled in VA health care, and you do not need a service-connected rating, to use it.
  • You can also start a confidential chat from VA's crisis line website, or ask any VA staff member to walk you to someone.

Ask for your toxic exposure screening

The PACT Act requires VA to offer this to every veteran enrolled in VA health care. It takes about five to ten minutes, and it is the cheapest way to get your exposure history into VA's own record in VA's own words.

What it is

A short set of questions asking whether you believe you were exposed to open burn pits and other airborne hazards, Agent Orange, radiation, Gulf War-related hazards, or contaminated water at Camp Lejeune.

Who can get it

Every veteran enrolled in VA health care. If you are not enrolled yet, enrollment comes first — call 877-222-8387.

How often

An initial screening, then at least once every five years. If you answer that you do not know whether you were exposed, VA schedules you again a year later.

How to get one

It is often done during a primary care or specialty visit — but you can ask for it sooner. Ask your primary care team directly, or ask your facility for its Toxic Exposure Screening Navigator by name.

What it is not

It is not an exam for any specific illness, and it is not part of the disability claims process. It is optional, and declining it does not affect your health care or your benefits.

Why bother

It creates a dated VA record that you raised military exposure. Years later, that entry is evidence that the concern predated the diagnosis.

A civilian or community provider cannot perform this screening — it lives inside VA's own health record. If you only see a private doctor, that is a reason to enroll in VA health care as well.

The burn pit registry: you are probably already in it

Since August 1, 2024, VA and the Defense Department enroll eligible veterans and service members in the Airborne Hazards and Open Burn Pit Registry automatically, from deployment records. For most people there is nothing to sign up for.

Automatic enrollment covers service between August 2, 1990 and August 31, 2021 in the listed operations and locations — Desert Shield, Desert Storm, Iraqi Freedom, Enduring Freedom and New Dawn, the Southwest Asia theater, Egypt, Afghanistan, Djibouti, Jordan, Lebanon, Syria, Uzbekistan, Yemen, and the associated airspace and waters.

You do not need to have been knowingly exposed, and you do not need any current health problem, to be included.

If you enrolled yourself before the redesign, your enrollment carried over. There is nothing to redo.

To check your status, contact the Environmental Health Coordinator at your VA facility.

The registry holds deployment and demographic data only. No medical information is stored in it.

Participation is optional and you can opt out. Being in the registry is not required to file a claim, and it does not affect your eligibility for care or benefits either way.

Being in the registry is not evidence of exposure on its own, and it is not a claim. Treat it as a research tool, and do not let anyone tell you a claim depends on it.

What to take with you

  • A one-page list of the chemicals and hazards you worked around, with the years and the base or ship
  • Your job title and MOS or rating, written the way the military wrote it
  • The symptoms that brought you in, and roughly when each one started
  • Any breathing tests, blood work, or imaging you already have, including from civilian doctors
  • A short list of what you want out of the visit — usually: document the exposure, order these tests, refer me
  • Someone who has watched the change in you, if memory or breathing is the concern

Write the veteran's job and the places they served at the top of that sheet, in the words the military used for it.

Before you leave, and afterward

  • Ask for a copy of the visit note before you leave, and actually read it.
  • Check that your exposure history is in the note. If it is missing, say so and ask for it to be added — politely, but ask.
  • Get a copy of every test result, including the numbers, not just the word normal.
  • Keep your own folder. Paper you hold is worth more than paper you assume exists somewhere.
  • If a symptom persists after a normal test, go back. A normal result rules out some things, not everything.

The numbers, in one place

VET-HOME — VA's exposure team

833-633-8846

Monday to Friday, 9:00 a.m. to 7:30 p.m. ET

The number to call about a military environmental exposure specifically. VET-HOME books a free telehealth evaluation with a clinician trained in military exposures, and that clinician writes your exposure history into your VA record. Say you want a military environmental exposure assessment.

MyVA411 — VA main line

800-698-2411

24 hours a day, 7 days a week

The one number to call if you do not know who to call. Ask to be put through to your VA medical center's scheduling line, or press 0 for a person.

VA Health Benefits Hotline

877-222-8387

Monday to Friday, 8:00 a.m. to 8:00 p.m. ET

Enrolling in VA health care, health-care eligibility, VA medical bills, and community care billing.

Veterans Crisis Line

988, then press 1

24 hours a day, 7 days a week

Any crisis, and you do not need to be enrolled in VA health care to use it. You can also text 838255.

My HealtheVet help desk

877-327-0022

Monday to Friday

Trouble signing in, secure messaging, or online scheduling.

VA Benefits Hotline

800-827-1000

Monday to Friday, 8:00 a.m. to 9:00 p.m. ET

Claims, ratings, and back pay — the benefits side rather than the medical side.

TTY

711

Relay service

If you are deaf or hard of hearing.

These are VA's own published lines. If a number ever gives you a runaround, MyVA411 at 800-698-2411 will transfer you — it is staffed every hour of every day.

VA-accredited agent #45147

Not sure which form—or which path—is yours?

Albert Thombs and his team of 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. Registering costs nothing. Fees are recovery only: 20% of past-due benefits, never hourly, nothing on a first-time claim, under 38 C.F.R. § 14.636.

702-992-4883

Typical response within 48 hours

Both options are free · No obligation

Two ways to work with us — both free

Talking to a VA-accredited claims agent costs nothing either way. Pick the one that fits: get answers to your questions, or register to hire us to take on your claim.

A VA-accredited claims agent talking across a desk with an older veteran in a ball cap, coffee mugs between them, nothing being signed

Free information — just ask

You can ask Albert, our AI claims assistant, anything about exposure, evidence, or the claims process — he answers instantly. If you would rather have a direct, personal answer, send your question below and an accredited agent will come back to you. No cost, no obligation.

Or send your question
A veteran and his wife at a conference table with an accredited representative pointing to the paperwork in front of them

Ready to hire us? Register with us

For veterans who have decided they want us on their claim. Registering is free too, and it takes the registration form plus a signed VA Form 21-22a.

Until VA Form 21-22a is signed we cannot accept your claim, access your VA file, or do any work on your behalf. That is federal law, not firm policy.

What happens after you register

  • You register. This simply starts the conversation — you are not our client yet, and you owe us nothing.
  • You sign and return VA Form 21-22a. It appoints us as your accredited representative and gives us access to your VA file.
  • Once we have your signed 21-22a and access to your case, we verify everything is in order.
  • We review your case in full and conduct your interview with an accredited agent.
  • Only then do YOU decide whether to move forward with us. If you choose not to, we will not proceed on your behalf — no pressure, no obligation.
Call us: 702-992-4883

An accredited agent personally reviews every request — we’ll reach out within 48 hours.