Your conditions have deteriorated. How can you get the VA rating increased?

Veterans aspiring to enhance their VA disability benefits can pursue various avenues, such as filing a claim for an increase, adding service-connected conditions, appealing the rating, or seeking individual unemployability benefits.

Raising a VA disability rating due to a worsening condition.

When veterans’ conditions deteriorate following an initial rating, they can apply for increased benefits by providing updated evidence of their worsened disability.

Strategies for increasing a VA disability rating through addressing secondary conditions.

As veterans advance in age, they may encounter new health challenges stemming from their initial service-connected disabilities. However, the opportunity to increase disability ratings by adding additional conditions presents a pathway to receive greater support. While the process may have its complexities, achieving a 100% rating, though challenging, remains an attainable goal for many veterans. With the right evidence and support, veterans can navigate the system to ensure their new health conditions are recognized and appropriately evaluated, allowing them to receive the benefits they deserve.

Appealing for a VA disability increase

If veterans believe that their disability rating is inaccurate and should be higher, they have the option to appeal their rating decisions. Veterans who received a decision before February 19, 2019, may still be managing their appeals through the legacy system. h ttps://www.va.gov/decision-reviews/legacy-appeals/

On the other hand, if a veteran filed their VA disability claim after February 19, 2019, their appeal is automatically processed through the AMA system. In the AMA system, veterans have three options for a VA disability appeal:

h ttps://www.va.gov/decision-reviews/

  1. Higher-Level Review (HLR): The VA reviews the claim based on evidence already in the veteran’s file.
  2. Supplemental claim: The VA reviews the veteran’s claim with new and relevant evidence.
  3. Appeal to the Board of Veterans’ Appeals (BVA): A Veterans Law Judge reviews the veteran’s There isn’t a single “best” way to appeal. The appropriate method for appealing a decision is chosen based on the veteran’s unique circumstances. Additional assistance from a VA-accredited disability lawyer or VSO can aid in selecting the process that is most likely to result in success. VA-accredited disability lawyers also take into account the path that will preserve the veteran’s earliest possible effective date and maximize back pay.

Filing for TDIU

Total Disability based on Individual Unemployability (TDIU) benefits do not alter a veteran’s schedular rating but can provide them with increased monthly compensation and improved access to healthcare. TDIU pays the same as a 100% disability rating.

Veterans who meet specific criteria and are unable to maintain substantially gainful employment due to service-connected disabilities can opt for TDIU. To be eligible for TDIU, a veteran usually needs to have at least one disability rated at 60% or more, or two or more disabilities with a combined rating of 70% or higher. If the disabilities are combined, one disability must be rated at 40% or more.

Evidence to support a VA disability increase

It is important to note that when veterans are seeking an increased rating, the VA typically requires additional evidence. This evidence may include medical records from private, VA, or military clinics, as well as supporting statements. Supporting statements, also known as lay or buddy statements, are written by the veteran’s friends, family, coworkers, or fellow service members.

 According to VA-accredited disability benefits lawyer Mark Lippman, buddy statements can be utilized in various ways to support claims for service connection, increased rating, or to reopen claims. While the VA does not actively solicit buddy statements, they are valuable tools and will be considered credible evidence if executed correctly.

h ttps://www.va.gov/supporting-forms-for-claims/lay-witness-statement-form-21- 1 0210/introduction

It’s crucial to have new and relevant evidence when filing for a new condition, submitting a supplemental claim to appeal a decision, or appealing to the BVA, unless a higher-level review or “direct review” is requested.

 VA effective dates and back pay

When veterans file a claim for a rating increase, appeal a decision, or file for TDIU, the processes can often take a considerable amount of time, sometimes even years. To account for this waiting period, the VA establishes an effective date to ensure that veterans who are eventually awarded benefits receive compensation for the time they spent awaiting the VA’s decision. This compensation comes in the form of a single payment known as a retroactive award, commonly referred to as “back pay.

 It’s important to note that the date you file your claim is likely to be considered your effective date for a service connection or an increase. This effective date is used to calculate any back pay that the VA may owe you for your increase or service-connected rating.

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