November 2025 VA Disability Insights from Greene & Marusak
Topics We Covered in November
Higher-Level Review (HLR) – A Second Look at Your VA Decision
If you disagree with a VA rating decision and believe an error was made, a Higher-Level Review (HLR) may be the right option. Under VA’s modernized appeals system, an HLR allows a senior VA adjudicator to re-review your claim using the same evidence already in the record—no new evidence can be submitted. Veterans may request an informal conference, which is a phone call that gives you the opportunity to explain where evidence was overlooked or the law was incorrectly applied. These conferences are informal and not recorded. An HLR is best used when your case does not require additional evidence, such as when VA misapplied the law or failed to properly consider existing records. To request an HLR, file VA Form 20-0996 within one year of your decision. Click to watch our video
Adding Dependents to Your VA Award – Don’t Miss Out on Extra Monthly Compensation
If you’re receiving VA disability compensation with a combined rating of 30% or higher, you may be eligible for additional monthly benefits by adding dependents to your award. Eligible dependents can include a spouse, a dependent parent (who meets income and care requirements), or a child. A child qualifies as a dependent if they are under 18, became permanently disabled before age 18, or are between 18 and 23 and enrolled in school full time. To add a spouse or child (under 18 or permanently disabled before 18), you’ll file VA Form 21-686c. For a child ages 18–23 attending school full time, you’ll also need VA Form 21-674. To add a dependent parent, submit VA Form 21P-509. The VA may request supporting documents such as birth certificates, marriage certificates, or income information for parents. Click to watch our video
Clear & Unmistakable Error (CUE) Claims – What Veterans Need to Know
A Clear & Unmistakable Error (CUE) is not a new claim, but a request for the VA to revise a prior final decision because it contained an obvious legal or factual error. The standard is very narrow: you must show that either the facts known at the time were not before the VA or the law in effect at the time was incorrectly applied, and that the error was so clear that reasonable people could not disagree. New evidence submitted after the decision cannot be considered, and disagreements over how the VA weighed evidence, failures in the duty to assist, or later-disproven medical opinions do not qualify as CUEs. Valid examples include the VA mischaracterizing favorable evidence, overlooking a clear diagnosis in service records, failing to apply combat presumptions for PTSD, or miscalculating a rating by not applying the bilateral factor. While CUEs are rare, a successful revision can significantly impact a veteran’s benefits—so it’s important to consult a VA-accredited representative if you believe a past decision contains one. Click to watch our video
Using a Statement in Support of Claim – Strengthen Your VA Case
A Statement in Support of Claim can be a powerful tool in a VA disability claim when used correctly. It allows you to explain events the VA can’t easily see in your records—such as undocumented in-service incidents, harassment, accidents, or times you didn’t seek medical care. It’s also helpful for clarifying symptoms, especially if your condition is worse than what a brief C&P exam reflects, flares up over time, or significantly affects your ability to work or perform activities of daily living. Think of the statement as a way to fill in the gaps your medical records don’t fully tell. A statement should not replace required medical evidence like a diagnosis or nexus opinion when those are needed. While statements can be submitted in any written format, it is best practice is to use VA Form 21-4138, which ensures the VA properly identifies and reviews it as supporting evidence. Click to watch our video
Expedited VA Processing for Financial Hardship – Getting Your Claim Moved Faster
If you’re a veteran struggling to make ends meet, the VA may expedite your claim due to financial hardship. This allows your claim to be processed faster if you can show serious financial need, such as the risk of homelessness, utility shut-offs, or overwhelming medical expenses. To request hardship processing, you’ll need to submit proof of hardship, such as past-due bills, eviction or foreclosure notices, or bank statements showing severe financial distress. This request can be submitted directly to the VA or through your VA-accredited representative. While expedited processing doesn’t guarantee approval, it can move your claim into a priority queue and help get a decision sooner when time matters most. Click to watch our video
Expanded VA Benefits Under the PACT Act – Most Veterans Don’t Know This
The PACT Act has been in effect for nearly two years, and one of its most significant—but often overlooked—impacts is the major expansion of VA health care eligibility. The VA has called it one of the largest expansions of health care and benefits in its history. Under the PACT Act, millions of veterans may now enroll in VA health care if they served in Vietnam, the Gulf War, Iraq, Afghanistan, or any combat zone after 9/11, deployed in support of the Global War on Terror, or were exposed to toxic substances during service. For many of these veterans, the PACT Act eliminates the usual minimum service requirements for eligibility. Additionally, enrolling in VA health care meets federal health insurance requirements for tax purposes, making it an important option to consider during open enrollment when evaluating health coverage. Click to watch our video