Many veterans receive disability compensation from the Department of Veterans Affairs (VA). This compensation is based on a rating that reflects the severity of service-connected conditions. Over time, a veteran's health may change, and existing conditions can worsen or new service-connected conditions may develop. Understanding how to potentially increase your VA disability rating is a crucial process that involves gathering evidence, navigating VA procedures, and clearly demonstrating how your health impacts your daily life and ability to work.
Understanding Your Current VA Disability Rating
Your initial VA disability rating is determined by the VA based on medical evidence, service records, and your claim. The rating is expressed as a percentage, typically in increments of 10%, from 0% to 100%. This percentage corresponds to a specific compensation amount. It's based on the VA's Schedule for Rating Disabilities (VASRD), which outlines how different conditions are rated based on their severity and impact on earning capacity. Understanding the criteria used for your specific conditions under the VASRD is the first step in considering whether an increase is possible.
Key Steps to Potentially Increase Your VA Rating
If you believe your service-connected condition has worsened, or you have developed new service-connected conditions, you can file a claim for an increased rating. This is essentially a new claim where you provide evidence demonstrating the change in your health. It's not uncommon for conditions to progress over time, and the VA provides mechanisms for veterans to seek adjustments to their compensation based on these changes. Initiating this process requires careful preparation and attention to detail.
Gathering Compelling Medical Evidence
Evidence is the cornerstone of any VA claim, especially a claim for an increased rating. You need to provide clear, objective evidence showing that your service-connected condition is now more severe than when it was last rated. This typically involves recent medical records. Attend appointments with your doctors – both VA and private – and ensure they are documenting your symptoms, treatment, and the functional limitations caused by your condition. Be open and thorough in describing how your condition affects your daily activities, your ability to work, and your overall quality of life. Medical records should show a consistent pattern of worsening symptoms or new manifestations of the condition.
The Role of Medical Opinions and Nexus Letters
Sometimes, standard medical records may not be enough to clearly link your current, worsened symptoms to your service-connected condition in a way the VA requires. This is where a medical opinion, sometimes called a nexus letter, from a qualified healthcare professional can be invaluable. This professional should review your medical history, service records, and the VASRD criteria for your condition and provide an opinion on how your current level of disability is related to your service-connected condition. While not always required for an increased rating claim based purely on worsening severity, they can be crucial if there's any ambiguity or if you're linking secondary conditions.
Filing the Claim for Increase
You file a claim for an increased rating using VA Form 21-526EZ, Application for Disability Compensation and Related Compensation Benefits, or by using the VA's online eBenefits or VA.gov portals. When filing, clearly indicate that you are filing for an increased rating for specific service-connected conditions. You will need to submit all the new evidence you have gathered along with your application. Be precise in listing the conditions for which you are seeking an increase and explaining why you believe your rating should be higher. The effective date of an increased rating is generally the date the VA receives your claim, so it's beneficial to file as soon as you have compelling evidence.
Understanding VA Examinations (C&P Exams)
After filing your claim for an increase, the VA will likely schedule you for a Compensation & Pension (C&P) exam. This exam is conducted by a VA healthcare provider or a contracted examiner. The purpose is for the examiner to assess your current condition and provide a medical opinion to the VA rater. It's critical to attend this exam and be honest and thorough in describing your symptoms and how they impact you. Don't downplay your symptoms, but also don't exaggerate. Provide a clear picture of your typical day and how your condition limits you. Bring copies of relevant medical records, especially those from private doctors, as the examiner may not have received everything you submitted.
Appealing a VA Decision
If the VA denies your claim for an increased rating or grants an increase that you believe is too low, you have the right to appeal the decision. The VA modernized its appeals process with the Appeals Modernization Act (AMA). You now have several options for appealing: the Supplemental Claim lane (submitting new and relevant evidence), the Higher-Level Review lane (requesting a senior reviewer look at the existing evidence for potential errors), or the Board Appeal lane (taking your case to the Board of Veterans' Appeals). Each lane has different requirements and timelines. Choosing the right appeal lane depends on why your claim was denied and what type of evidence or review you believe is needed.
Working with a Veteran Service Organization (VSO) or Attorney
Navigating the VA claims process, especially for an increase or an appeal, can be complex. Many veterans find it helpful to work with an accredited Veteran Service Organization (VSO) representative or an accredited attorney or agent. These professionals can provide free assistance (VSOs) or fee-based assistance (attorneys/agents, usually contingent on winning your case) in understanding the process, gathering evidence, filling out forms, and representing you before the VA. They have experience with the system and can help ensure your claim is as strong as possible.
Potential Pitfalls to Avoid
When seeking an increased rating, avoid common mistakes. Don't file for an increase without new, compelling medical evidence of worsening. Ensure your medical records clearly link your symptoms to your service-connected condition. Don't miss scheduled C&P exams. Be patient, as the process can take time. Maintain copies of everything you submit to the VA and all correspondence you receive. Understand the specific rating criteria for your conditions under the VASRD to build a strong case.
Increasing your VA disability rating is a process that requires diligent effort, thorough documentation, and a clear understanding of VA procedures. By gathering comprehensive medical evidence, accurately filing your claim, preparing for C&P exams, and utilizing available resources like VSOs or legal counsel, veterans can effectively pursue the compensation they deserve based on their current health status. Staying informed and persistent are key to navigating this important aspect of veterans' benefits.