Increasing a VA Disability Rating
A veteran’s service-connected disability can worsen over time and may ultimately require more medical treatment or cause additional functional impairment. However, the Department of Veterans Affairs (VA) might refuse to increase a former servicemember’s disability rating without proper evidence. Alternatively, VA may have awarded you a lower disability rating than what you are entitled to.
If VA denied your claim for an increased disability rating, you should meet with a lawyer from VetLaw’s team. We can assist you with increasing your current VA disability rating and reviewing your recent medical records and can help you determine the best path to move forward and obtain the benefits you need.
Qualifying Circumstances for an Increased Disability Rating
A veteran who believes that their assigned disability rating does not adequately represent their impairment should challenge VA’s decision with the help of an attorney. If the local VA office rated the applicant’s disability too low or their condition has worsened over time and now warrants a new rating, they should consider appealing the assigned rating.
Veterans who are unable to work as a result of their service-connected disabilities may qualify for a total disability rating based on individual unemployability (TDIU). Former servicemembers who feel that they are not receiving the benefits they deserve should consult with a VA-accredited attorney for help with increasing their disability rating, including the possibility of obtaining TDIU.
Since there are specific guidelines for each disability rating that differ for each medical condition, it is important to carefully review your medical records before applying for an increased rating or appealing the rating assigned. We can advise you on how to best prepare an appeal for an increased VA disability rating.
Appealing a Disability Rating
For claims rejected on or after February 19, 2019, veterans must follow the rules set by the Appeals Modernization Act (AMA). This law requires applicants to file a direct notice of disagreement. A former servicemember can do so by submitting VA Form 10182 and requesting review by the Board of Veterans’ Appeals (BVA). The AMA allows veterans to cut through some of the red tape that used to hold up appeals for years, thus allowing review by a BVA judge more quickly.
Otherwise, appealing claims denied before February 19, 2019 would entail filing a legacy Notice of Disagreement through a local VA office. After an applicant receives a subsequent denial or inadequate rating, they may then file for administrative review by the BVA.
The best option for veterans who wish to increase their VA disability rating is to consult with an attorney who is familiar with the varying appellate paths. We can help you file an appeal that addresses your specific needs.
Ask an Attorney about Increasing A VA Disability Rating Today
A VA-accredited attorney from our firm can assist you with increasing your VA disability rating. We can help you figure out what you may need to submit as evidence to persuade the Board of Veterans’ Appeals and reverse the VA’s decision as well as prepare you for a hearing before a Veterans Law Judge.
Navigating VA’s appeals process successfully may be difficult without qualified legal counsel, so it is advisable to retain an attorney from our dedicated team as soon as possible. For help with increasing a VA disability rating, get in touch with a lawyer from our firm today.
