With convincing evidence and a strong advocate, veterans can demonstrate that they deserve a VA disability rating increase.
Summary
Veterans facing financial constraints, physical limitations, and mental strain can benefit from a reassessment of their current VA disability rating if their symptoms have gotten worse or if the VA was too modest in its initial evaluation of their service-connected condition.
It is in your best interest to involve a capable veterans disability appeals attorney in the process of increasing your VA disability rating. VetLaw will oversee your case from start to finish, offering unparalleled support and tailored legal advice. We encourage you to call us at (855) 573-1503 or submit a contact form to schedule a free consultation.
To obtain a higher level of VA disability compensation, a veteran needs to increase their combined VA disability rating. They can do this by improving the rating of an existing condition or adding another disability, like a secondary condition.
There are a couple of major reasons why a veteran may need to pursue a VA disability rating increase for a specific condition:
Perhaps your symptoms became more severe because your service-related condition is progressive, the treatment for your condition entails debilitating side effects, another service-related condition or secondary condition has emerged and exacerbated your original disability, or a pre-existing condition has aggravated them.
Depending on the rating schedule for your specific condition, your symptoms may correspond with a higher VA disability rating. As for cases where the VA assigned a rating that does not match the severity of your symptoms, there are also a variety of potential reasons why the VA underestimated your condition.
For example, you may have provided insufficient evidence that your symptoms have interfered with your work and relationships. Alternatively, maybe the C&P examiner mistreated you or made an error, or the VA could have overlooked or misinterpreted evidence.
In any event, securing an accurate VA disability rating is crucial to accessing compensation. These benefits can help counter the growing financial, mental, and physical costs of a serious or worsening service-related disability.
By filing a veterans disability appeal to increase a VA disability rating, you can provide updated information, correct a VA error or judgment, or add a secondary or service-related disability. There are several methods veterans can choose from:
File a Supplemental Claim: You can present updated medical imaging, testimonies from colleagues about how your disability impacts your work, or a letter from a provider documenting your current symptoms or deteriorating condition. These are a few examples of the types of evidence you can use to dispute a low VA disability rating.
Request an extra-schedular rating: You can ask the VA to set aside the standard rating schedule for your condition based on an exceptionally severe and rare presentation of symptoms. This is a difficult way to increase your VA disability rating, but in specific cases, an extra-schedular rating may be appropriate.
Seek a Higher Level Review: If you believe that your case is already strong and your VA adjudicator simply misjudged your claim, your attorney may advise you to pursue a Higher Level Review. With an HLR, you get a more experienced VA adjudicator and forgo submitting additional evidence.
Wait on a Board of Veterans’ Appeals Hearing or Review: A judge will review your case, including any new documentation, and issue a decision. Though time-consuming, a BVA hearing can be beneficial for complicated claims or cases where the VA made an error.
For the best chance of securing a higher VA disability rating, discuss your case with a veterans disability appeals lawyer.
Veterans disability benefits denial attorneys have a specialized skill set that includes understanding how to increase VA disability ratings. Here are a few services they can provide during the appeals process:
Offer insight into why the VA denied your claim in the first place: The VA’s reason for denying your rating’s increase will inform how you approach a VA appeal. A veterans disability claims lawyer is the most qualified person to interpret the circumstances of your denial. Additionally, they can help craft a strategy to address the VA’s doubts.
Recommend an appeal path: Handling VA appeals is a veteran disability claims lawyer’s bread and butter. They understand the purpose, timeline, and requirements associated with each of the major types of VA appeals.
Gather evidence to show you deserve a higher VA disability rating: After identifying any weaknesses in your claim for a rating increase, a veterans disability benefits denial lawyer can help you secure evidence. This proof can show your symptoms occur more frequently, have become more severe, or have required serious medical intervention.
Increasing your VA disability rating in a VA appeal can be a lengthy process fraught with challenges. At VetLaw, we will take them in stride as we advocate for your veterans disability claim. You can count on us to get results for you. Set up a free consultation with a VA-accredited attorney by calling (855) 573-1503 or submitting a contact form.
That should not be necessary in most cases. Veterans with a 0% VA disability rating for a condition have already demonstrated their injury or illness is service-related. The VA assigns a percentage to disabilities after confirming the condition already meets the other criteria for compensation.
A 0% VA disability rating only indicates the veteran’s symptoms aren’t severe enough for their condition to count as disabling. Therefore, that disability is non-compensable until the veteran secures a VA rating increase.
Typically, veterans have one year after the VA issues a decision to appeal it.
After the VA grants a rating increase for a disability, the effective date for the veteran’s back pay benefits depends on when they appealed for an increase. If a veteran appealed within a year of when their symptoms worsened, their effective date may be that day.
This is provided they can offer appropriate documentation of their symptom progression to the VA. Alternatively, the VA could set the effective date for back pay at the higher rate to the day it received the appeal if the vet waited more than a year after their condition deteriorated to appeal for a VA ratings increase.