Many veterans find their service-connected conditions change over time. Sometimes, things get worse. This reality often leads to the question, “How do I increase my VA disability rating?”
You served your country, and the benefits you earned are meant to help you manage health challenges related to your service. If your condition has deteriorated or if other issues have surfaced because of your service, understanding how to increase your VA disability rating is important.
This guide explores the paths available to you for seeking a higher rating.
Need Help With Your VA Disability Claim? Increase Your Rating?
Understanding Your Current VA Rating
Before looking at an increase, let’s quickly review what a VA disability rating is. The Department of Veterans Affairs (VA) assigns a percentage rating based on the severity of your service-connected condition. This rating, from 0% to 100%, reflects how much your disability impacts your daily ability to work and function.
These ratings are based on the VA Schedule for Rating Disabilities (VASRD). This schedule details the criteria used to evaluate various conditions. Your monthly compensation amount is directly tied to this percentage.
Why Might You Need a Higher Rating?
There are several common reasons why you might explore getting your rating increased. Maybe the condition you were initially rated for has genuinely gotten worse. Chronic pain might become more debilitating, or mobility might decrease more.
Perhaps you’ve developed a new health problem linked to an existing service-connected condition. Or maybe you believe the initial rating didn’t fully capture the severity of your disability back then.
These are valid reasons to look into the process.
What Are The Benefits Of Having A Higher VA Disability Rating
The Department of Veterans Affairs (VA) assigns a percentage rating based on the severity of your service-connected condition. This rating, from 0% to 100%, reflects how much your disability impacts your daily ability to work and function.
These ratings are based on the VA Schedule for Rating Disabilities (VASRD). This schedule details the criteria used to evaluate various conditions. Your monthly compensation amount is directly tied to this percentage.
Why Pursue a Higher VA Disability Rating?
Applying for a higher VA disability rating might seem daunting, but it can yield significant benefits. Here’s why it’s worth considering:
- Accurate Reflection of Your Condition: If your original rating was inaccurate or your condition has worsened, an updated rating ensures your situation is correctly represented.
- Increased Financial Compensation: A higher rating can significantly boost your monthly disability payments, providing better financial stability. In some cases, the difference can exceed $1,000 per month.
- Access to Additional Benefits: With a higher rating, you may gain access to more comprehensive VA benefits, including caregiver support, vocational rehabilitation, and adaptive equipment.
- Eligibility for TDIU: If your service-connected disability prevents you from maintaining substantially gainful employment, a higher rating can make you eligible for Total Disability based on Individual Employability (TDIU) benefits.
- Support for Social Security Disability: Although the Social Security Administration has different criteria, a higher VA rating can strengthen your application for Social Security Disability benefits.
- Enhanced Medical Services: It improves your ability to secure specialized medical treatment and priority services, essential for managing your health effectively.
Pursuing a higher disability rating can profoundly impact your quality of life, offering not just financial benefits but also increased access to vital resources and support.
Paths to Increase Your VA Disability Rating
Several routes exist if you’re asking, “how do I increase my va disability rating?” Let’s break them down.
1. Filing a Claim for a Worsened Condition
This is probably the most common reason veterans seek an increase. If a disability you’re already service-connected for has become more severe, you can file a claim for an increased rating.
You need to show the VA that the condition has worsened since your last rating decision. The key here is providing new medical evidence.
This evidence should clearly document how the condition has progressed. Think medical records showing more frequent treatments, stronger medications, diagnostic test results confirming deterioration, or a doctor’s statement detailing the increased severity and its impact on you.
You’ll typically use VA Form 21-526EZ, Application for Disability Compensation and Related Compensation Benefits. You’ll specify that you are seeking an increase for an existing condition.
2. Claiming Secondary Service-Connected Conditions
Sometimes, a service-connected condition can cause or aggravate another, different health problem. These are called secondary conditions. Getting these recognized can increase your overall combined disability rating.
For example, if you have a service-connected knee injury causing chronic pain, you might develop depression due to the constant pain and limitations. Or, a service-connected back condition could lead to nerve problems (radiculopathy) in your legs.
To get a secondary condition service-connected, you need medical evidence. This must show a current diagnosis of the secondary condition and a medical link, often called a “nexus,” connecting it to your primary service-connected disability. Your doctor might need to write a statement explaining this connection.
3. Filing Claims for New Presumptive Conditions
The VA presumes certain conditions are related to military service under specific circumstances. This often applies if you served in particular locations during set periods or were exposed to certain things, like Agent Orange or contaminants from burn pits.
The PACT Act significantly expanded the list of presumptive conditions related to burn pits and other toxic exposures. If you have a condition on these presumptive lists and meet the service requirements, the VA assumes service connection without needing direct proof of an in-service event causing it.
Check the VA’s lists of presumptive conditions. If you develop one of these conditions later, you can file a claim for it, potentially increasing your overall rating.
4. Filing Claims for Other New Conditions
You can also file a claim for any condition you believe was caused or aggravated by your service, even if it’s not presumptive. This could be a condition you didn’t claim initially or one that developed years later.
For direct service connection, you generally need three things. First, evidence of an incident, injury, or illness during your service. Second, a current diagnosis of the condition.
Third, a medical nexus connecting the current condition to the in-service event. Proving this connection years after service can sometimes be challenging, but it is possible with the right evidence.
5. Seeking Total Disability based on Individual Unemployability (TDIU)
What if your service-connected conditions prevent you from keeping a steady job, but your combined rating isn’t 100%? You might qualify for TDIU. This allows the VA to pay you at the 100% disability rate even if your rating percentages don’t add up to 100%.
There are specific criteria for TDIU. Generally, you need at least one service-connected disability rated at 60% or more. Or, you might have multiple conditions with a combined rating of 70% or more, with at least one rated at 40%.
Crucially, you must demonstrate that your service-connected disabilities prevent you from securing or following what the VA calls substantially gainful employment. This involves submitting evidence about your medical conditions, work history, and education.
Applying for TDIU is a way to receive maximum compensation when your disabilities truly prevent you from working, regardless of the exact combined rating math.
Evidence is Everything
Strong evidence is critical regardless of the path you take to increase your rating. The VA makes decisions based on the documentation you provide. Let’s look at the types of evidence.
Medical Evidence
This is the backbone of most disability claims. It includes records from VA doctors, private physicians, specialists, therapists, and hospitals. Test results like X-rays, MRIs, blood work, and psychological evaluations are vital.
A key piece is often the Compensation and Pension (C&P) exam, which the VA schedules to evaluate your condition. We’ll discuss this more below.
Make sure your medical records are current and clearly describe the severity of your condition and how it affects your daily life and ability to work.
Lay Evidence
Medical evidence isn’t the only type the VA considers. Lay evidence, or non-medical statements, can be very helpful. This includes statements from you, your spouse, family members, friends, or former colleagues who have witnessed how your disability impacts you.
Your own personal statement detailing your symptoms, limitations, pain levels, and daily struggles can be powerful. You can use VA Form 21-10210, Lay/Witness Statement, though a simple typed letter often works too.
Statements from people who knew you before and after your condition worsened (“buddy statements”) can illustrate the change in your abilities or demeanor. They help paint a fuller picture beyond clinical terms.
Employment Information (Especially for TDIU)
If you’re applying for TDIU, you must give information about your work history. This usually involves details about past jobs, reasons for leaving, and any attempts to work that failed due to your disabilities.
The VA may also ask for employer statements or social security earnings records. The goal is to show a pattern of inability to maintain employment because of service-connected issues.
Understanding the C&P Exam
If you file for an increase or a new condition, the VA will likely schedule you for a Compensation and Pension (C&P) exam. This exam is conducted by a VA doctor or a contracted physician.
The purpose isn’t treatment. It’s to gather medical information about your condition to help the VA rating specialist make a decision on your claim. The examiner will review your file, ask questions about your symptoms and history, and perform a physical exam if needed.
It’s vital to attend this exam. Be honest and thorough when describing your symptoms and limitations. Don’t exaggerate, but also don’t downplay how your condition affects you on your worst days.
Think about how your condition impacts your daily activities, work, and social life before you go. Providing specific examples can be much more effective than general statements.
How Does the VA Determine Effective Dates and Back Pay for Disability Claims?
When dealing with VA disability claims, understanding how effective dates and back pay are determined is crucial. These factors can significantly impact the benefits you receive.
Determining Effective Dates
The effective date is essential because it sets the start of your benefits period. For initial disability claims, the VA typically sets the effective date as the day they receive your claim. This means that your benefits will be calculated starting from this date.
In the case of a request for an increased disability rating, the effective date generally aligns with the date you submit the request to reopen your claim. Thus, whether you’re filing a new claim or reopening an old one, the timing of your submission is key.
Understanding Back Pay
Back pay compensates you for the time between your effective date and the date the VA finalizes and approves your claim. Since it often takes time for claims to be reviewed and finalized, the VA issues this in a lump sum. Importantly, this back pay is tax-free, ensuring you receive the full amount owed.
In summary, understanding how the VA determines effective dates, based on when claims are received or reopened, and the corresponding back pay can help you better manage your expectations and financial planning while navigating the claims process.
Getting Help With Your Claim
The VA claims process can feel complicated. You don’t have to go through it alone. Several resources offer free help.
Veteran Service Organizations (VSOs) like the Disabled American Veterans (DAV), Veterans of Foreign Wars (VFW), and the American Legion have trained service officers. They can help you understand the process, gather evidence, and file your claim correctly.
You can also choose to work with a VA-accredited attorney or claims agent. These professionals may charge a fee, often a percentage of any back pay awarded if your claim is successful. The VA maintains a searchable database of accredited representatives.
Accredited help can ensure your claim is filed properly with the necessary evidence, potentially improving your chances of success.
Steps to Appeal Your VA Disability Rating
If you’ve received an unsatisfactory VA disability rating, such as a lower-than-expected percentage or an incorrect effective date, here’s how you can appeal:
1. Understand Your Timeline
You have one year from the date of the VA’s decision to initiate an appeal. Missing this window can limit your options, so timely action is crucial.
2. Choose Your Appeals Pathway
The Veteran Appeals Improvement and Modernization Act outlines three primary avenues for appeals:
- File a Supplemental Claim
- Purpose: Introduce new and relevant evidence to support your case.
- Process: Request a review by the regional office with this new evidence.
- Benefits: Keeps your original claim’s effective date intact.
- Opt for a Higher-Level Review
- Purpose: Leverage a fresh look from a more experienced adjudicator.
- Process: No new evidence is submitted. Instead, a senior reviewer reassesses the original materials.
- Advantages: Offers a more seasoned perspective on your existing claim data.
- Submit a Notice of Disagreement
- Purpose: Bring your case before the Board of Veterans’ Appeals for further examination.
- Options for Filing:
- Direct Docket – Quickest option; relies solely on the existing file, without a hearing.
- Hearing Docket – Allows you to present your case in person before a Veterans Law Judge.
- Evidence Docket – Introduce additional evidence without a hearing.
3. Meet the Requirements
Each option has specific documentation and processes to follow. Ensure you have gathered all necessary paperwork and meet their respective criteria.
4. Consider Legal Assistance
Navigating the appeals process can be complex. Enlisting the help of a knowledgeable VA benefits attorney may provide valuable guidance and increase your chances of a favorable outcome.
Taking these steps can help ensure your appeal is effectively managed, potentially leading to a revised and improved VA disability rating.
Exploring Your Options for Appealing a VA Disability Rating Decision
When it comes to appealing a VA disability rating decision, there are three main avenues you can pursue. If you’re not satisfied with aspects like the effective date or feel that the disability rating is too low, here’s how you can move forward:
- Supplemental ClaimThis path enables you to have your case reviewed again by the regional office. To support your claim, you’ll need to submit new and relevant evidence. Importantly, choosing this route does not affect the effective date of your original claim.
- Higher-Level ReviewOpting for a higher-level review means requesting a more experienced rating specialist to take another look at your claim. This review is based on the evidence that was originally submitted when your claim was first decided. No new evidence is introduced in this process, but it offers a fresh perspective from a seasoned professional.
- Notice of DisagreementIf you wish to engage directly with the Board of Veterans’ Appeals, this option allows you to bypass additional review at the regional office. You have three methods of engaging in this process:
- Direct Docket: This involves no new evidence or hearings.
- Hearing Docket: Participating in this option includes a hearing before a Veterans Law Judge.
- Evidence Docket: You can submit additional evidence, but it does not involve a hearing.
Each step provides a distinct method of addressing your appeal, ensuring that you have multiple paths to potentially rectify your VA disability rating decision issue.
For many, the VSO process may be too slow. If so, consider contacting a professional VA disability specialist. They usually only charge a fee when your rating is increased.
Patience Through the Process
Filing for a VA disability increase takes time. After you submit your claim and evidence, the VA needs to review everything, schedule C&P exams if needed, and make a decision. This process can take several months or sometimes longer.
Several factors can lengthen the timeline. If you have multiple disabling conditions, each must be evaluated, which can add complexity and time. A requirement for a Compensation & Pension (C&P) exam can also extend the process, as can the VA‘s claims backlog, which may delay the review.
Try to be patient. You can check the status of your claim online through the VA website or eBenefits portal. Respond promptly if the VA requests more information.
Persistence is important. If your condition truly warrants a higher rating, pursuing the claim with strong evidence is worthwhile.
Try to be patient. You can check the status of your claim online through the VA website or eBenefits portal. Respond promptly if the VA requests more information.
Persistence is important. If your condition truly warrants a higher rating, pursuing the claim with strong evidence is worthwhile.