Wednesday, May 20th, 2026
An important update from Hill & Ponton.

In place of your regular VETS Advantage update this week, we're sharing two developments that could directly affect your VA benefits.

VA is required by law to tell veterans what it's doing with their claims. Two recent developments show how often it hasn't.

A federal class-action lawsuit just revealed that VA quietly closed tens of thousands of appeals without notifying anyone. VA has now admitted that, for over five years, the form it sent with supplemental-claim decisions omitted a key right that veterans are supposed to be told about.

Either one could affect your benefits. Both may be fixable.

🎖️ Was Your Appeal Closed Without Notice?

For 35 years, an automated VA system quietly closed thousands of veterans' appeals without a letter, a call, or any warning. Many veterans waited years for a Board decision that was never coming.

Here’s What Happened

Between 1990 and 2025, VA used a system called VACOLS to track appeals. Every month, it ran an automated sweep that closed any appeal for which it didn't find a timely Substantive Appeal (VA Form 9) on file.

The catch was that VA was slow to log its own paperwork, taking an average of 43 days. Veterans who filed everything on time still got their appeals shut down because their Form 9 hadn't been entered yet.

Nobody told them. Their cases just went dark. VA’s own Inspector General found that over 1 in 6 of these closures were wrong.

Why This Matters

If your appeal was wrongly closed, you didn't just lose time; you may have lost benefits that were rightfully yours. A reactivated appeal can mean back pay running all the way to your original claim date, sometimes years or even decades of compensation VA never paid out.

For surviving family members, it can also mean accrued benefits the veteran was owed before passing.

The catch is that this only works if you act. Veterans not captured in VA's audit have one year after court approval to come forward. After that, the door closes.

This Could Apply to You If…

  • You (or a family member) had a VA disability appeal filed by February 6, 2025 under the legacy-system (no AMA)

  • You filed a Notice of Disagreement, got a Statement of the Case, and filed a Substantive Appeal

  • You never got a Board decision, and were never told the appeal was closed

Surviving spouses, children, and dependents: if your loved one passed away waiting for a decision that never came, the appeal may still be reactivated.

⚖️Did VA Tell You About Your Hearing Rights?

For five-plus years, VA mailed supplemental-claim decisions on a form that left out a right that veterans are supposed to know about. If that's the form you got, your decision may not be as "final" as VA claims.

Here’s What Happened

When VA decides a supplemental claim, it mails a packet that includes VA Form 20-0998, "Your Right to Seek Review of Our Decision." The form is supposed to spell out your three options (Supplemental Claim, Higher-Level Review, or Board Appeal) and your rights under each one.

For more than five years, it didn't. Every version of Form 20-0998 mailed between February 2019 and September 2024 told veterans that VA would help gather evidence and said nothing about hearing rights.

VA finally fixed the form in April 2024, adding the one sentence that had been missing the whole time:

“You are entitled to a hearing at any time in the supplemental claim process.”

Courts Stepped In

Two court decisions make this more than a simple paperwork gripe.

A long-standing veterans court ruling holds that when VA omits required notice from a decision, the decision isn't final. Instead, it stays pending until VA provides the notice. VA doesn't get to start the clock on a flawed notice.

Then, in February 2026, the Federal Circuit emphasized in Hamill v. Collins that Congress deliberately raised the bar on what VA has to tell veterans when it decides their claims. The court was blunt: there is "no room for disagreement" that VA's notice obligations are stricter now than under the old system.

Together, these rulings suggest a decision sent on a form that skipped a right veterans are entitled to know about may not be the final word VA says it is.

Why This Matters

If your supplemental-claim decision was issued on a deficient form, it may not be legally final. That means you may still have time to challenge it, preserve an earlier effective date, or reopen options you thought were closed.

For some veterans, that can translate into back pay tied to the original claim date, not the date VA finally got the notice right.

This Could Apply to You If…

  • You filed a Supplemental Claim between Feb 19, 2019 and Sep 2024

  • You got a decision (denial, partial grant, or a rating you disagree with)

  • The form you received didn't tell you about your hearing right

  • You were never offered a hearing

This may also apply to surviving family members whose loved one received a deficient decision before passing.

Think your VA disability rating doesn’t fully reflect your condition? Don’t go it alone. Our dedicated team exclusively helps veterans with VA disability cases and is ready to advocate for your rightful benefits.

Call us at (855) 494-1298 to speak with our team now, or send a request for a free case evaluation today, and we’ll reach out within 30 minutes during business hours to get started.

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