How to Increase VA Disability Rating
If you have been approved for VA disability benefits, you can at any time request an increase in the VA rating for your disability. This may be needed because as veterans age their service connected disabilities could worsen over time. In some cases, a service connected condition can get worse or in others, a secondary medical condition can emerge as a result of the initial condition.
Increasing Disability Compensation
A change in your medical condition can in some cases result in the need to seek a higher VA disability rating and increased disability compensation. Fortunately, since you have already been approved in your initial claim, this process isn't as extensive as your initial application.
Initial Increase For Your VA Disability Rating
If your service connected disability worsens within one year of the VA’s decision, or you think your disability rating is too low, you may want to consider appealing the decision that determined your VA disability rating. If successful, you can have your higher disability rating backdated to the decision date and receive back pay for that time. This is known as an initial rating increase.
The appeal can be in the form of a Supplemental Claim, in which you can request a review from the regional office and submit any new evidence that supports your claim. You can also request a Higher-Level Review. This option uses the same claim and evidence but is reviewed by a higher level rating specialist at your regional office. You can also file a Notice of Disagreement directly with the Board of Veterans’ Appeals, bypassing the regional office.
Non-Initial Increase
A claim for a non-initial increase is usually made after one year and in the event that the condition worsens. In many cases a request for an increase needs to be made because a secondary condition develops or worsens. In either case, you may want to try to have your VA rating increased.
Medical Evidence and Examination
If you are seeking to have your VA disability rating increased, it is necessary to provide medical evidence that demonstrates changes in your condition since the time of the initial decision. It is also likely that you will be asked to attend a new Compensation and Pension (C&P) exam conducted by a VA appointed physician. You may also be able to provide the results of an examination with your own doctor. It is very important that the examination takes place and that you attend. Not attending this examination could possibly lead the VA to determine that your condition has improved and deny your request for an increased disability rating.
Supportive Statements
Statements from family, friends, co-workers, and fellow service members can also be helpful when seeking an increased disability rating. These statements can be considered as new and relevant evidence of how your service connected disability affects your ability to function and work, and especially if your condition worsens over time. These firsthand accounts could help demonstrate how your service connected condition prevents you from being able to maintain substantially gainful employment.
Secondary Conditions
In many cases, a secondary condition can arise from, or be worsened by, an initial service connected disability. For example, sleep apnea can be a condition qualifying for VA disability or be a secondary condition to asthma or PTSD. Similar to an initial VA disability claim, to prove a secondary condition, you need to establish a nexus or connection between your initial service connected disability and the secondary condition. Combined with the initial disability rating, your secondary condition can help to increase your total VA disability rating.
Being granted an increase for your service connected disability or having a secondary condition rated is always a positive step but not always enough to receive a 100% disability rating. But there are still options for receiving increased VA benefits.
Can I Get a 100% Disability Rating for Multiple Conditions?
While it is rare that the VA will raise a disability rating for a single condition to 100%, it is also rare that ratings for two conditions will result in a 100% rating. This is because of the way in which the VA combines ratings for multiple conditions. In short, the VA percentage rating for the secondary condition is rated according to the remaining percentage from the first condition. For example, if a veteran has two service connected conditions, each with a 50% disability rating, they won't add up too a 100% rating. The first condition will receive the 50% rating and the second condition will be rated at 50% of the remaining 50%, which is 25%. So the combined disability rating will be 50% for the first condition and 25% for the second, resulting in a 75% VA rating.
Individual Unemployability
One solution to this difficulty in reaching a 100% rating is Total Disability Individual Unemployability (TDIU), often just known as Individual Unemployability. This can be especially helpful if your increased rating or combined rating reaches 70% or more. To obtain individual unemployability you will need to show how your service connected disability prevents you from working, as well as any secondary conditions, but you can also demonstrate how other circumstances make it difficult to function in the workplace. A determination of Individual Unemployability can result in disability payments at the 100% rate without actually increasing your rating.
How Can an Attorney Help With VA Disability Claims?
Disabled veterans seeking an increase in their VA disability ratings have a better chance of success when hiring an experienced veterans’ disability attorney. If you are seeking to increase your VA disability rating, the Friedman Firm is experienced with handling VA disability claims and have successfully advocated for increased VA ratings and Individual Unemployability for many of our clients. The VA disability rating process can be complicated but we are experienced with the methods and strategies to help our clients receive the maximum VA disability benefits available. Contact our attorneys today.