How to Increase Your VA Disability Rating
Understanding VA Disability Ratings
VA disability ratings are a critical component of the benefits system for veterans who have sustained injuries or developed medical conditions as a result of their military service. These ratings, expressed as percentages ranging from 0% to 100% in increments of 10, represent the severity of a veteran’s service-connected condition and the extent to which it impairs their ability to work and perform daily activities. The higher the rating, the greater the monthly compensation a veteran receives.
The Department of Veterans Affairs (VA) uses a schedule of ratings based on the Code of Federal Regulations (CFR) to determine the percentage assigned to each condition. For example, a veteran with a 50% disability rating receives more compensation than one with a 30% rating, as the VA recognizes a greater impact on their quality of life and earning capacity. These ratings also influence access to additional benefits, such as healthcare, vocational rehabilitation, and housing grants. Understanding how these ratings are calculated and their significance is the first step in ensuring veterans receive the benefits they deserve.
Common Reasons for a Low VA Disability Rating
Many veterans are surprised to find their initial VA disability rating lower than expected. This can happen for several reasons, often tied to the complexity of the claims process. One common issue is incomplete medical evidence. If a veteran’s medical records lack sufficient documentation of their condition’s severity or its connection to their service, the VA may assign a lower rating.
Errors in the claims process are another frequent culprit. Administrative mistakes, such as misfiled paperwork or overlooked evidence, can lead to an inaccurate rating. Additionally, the VA may underestimate the severity of a condition if the veteran does not undergo a thorough Compensation and Pension (C&P) exam or fails to communicate the full extent of their symptoms.
Finally, some veterans may not be aware of secondary service-connected conditions—health issues that arise as a result of a primary service-connected condition. For example, a veteran with a knee injury may develop chronic back pain due to altered gait. If these secondary conditions are not claimed, the overall rating may not reflect the true impact of the veteran’s disabilities.
Steps to Increase Your VA Disability Rating
If you believe your VA disability rating does not accurately reflect your condition, there are several steps you can take to seek an increase. Below is a detailed guide to help you navigate the process.
Gather Comprehensive Medical Evidence
The foundation of any successful claim for a higher disability rating is strong medical evidence. Start by obtaining updated medical records that document the current severity of your condition. This includes diagnostic tests, treatment records, and detailed notes from your healthcare providers. If your condition has worsened since your initial claim, ensure your doctor provides a written statement explaining the progression.
It’s also helpful to keep a personal journal of your symptoms, noting how they affect your daily life and ability to work. This can provide valuable context for your claim. Remember, the VA relies heavily on objective evidence, so the more comprehensive your documentation, the stronger your case.
File for a Re-Evaluation or Appeal
If you believe your initial rating was incorrect, you can request a re-evaluation or file an appeal. To request a re-evaluation, submit VA Form 21-526EZ, which allows you to provide new evidence supporting your claim. If you’re appealing a decision, you’ll need to file a Notice of Disagreement (NOD) within one year of the VA’s decision.
The appeals process can be lengthy, but it’s an essential step if you feel your rating does not reflect your condition. Be sure to meet all deadlines and provide any additional evidence requested by the VA to avoid delays.
Consider Secondary Service-Connected Conditions
Secondary conditions can significantly impact your overall disability rating. For example, if you have a service-connected injury that causes chronic pain, you may develop depression or anxiety as a result. These secondary conditions are eligible for compensation if you can demonstrate a clear connection to your primary condition.
To claim a secondary condition, you’ll need medical evidence linking it to your service-connected disability. This may include a doctor’s opinion, diagnostic tests, or treatment records. Adding secondary conditions to your claim can increase your overall rating and ensure you receive compensation for the full scope of your disabilities.
Request a Higher-Level Review
If you believe the VA made an error in evaluating your claim, you can request a Higher-Level Review. This involves a senior VA claims adjudicator re-examining your case without considering new evidence. To initiate this process, submit VA Form 20-0996.
A Higher-Level Review is particularly useful if you suspect the VA overlooked key evidence or misapplied the rating criteria. During this process, you can request an informal conference with the reviewer to discuss your case and provide additional context.
Tips for Navigating the VA Claims Process
Navigating the VA claims process can be challenging, but with the right approach, you can improve your chances of success. Here are some practical tips to keep in mind.
Work with a VA-Accredited Representative
One of the best ways to strengthen your claim is to work with a VA-accredited representative, such as an attorney, claims agent, or Veterans Service Officer (VSO). These professionals have extensive experience with the VA system and can help you gather evidence, complete forms, and meet deadlines. They can also represent you during appeals and hearings, ensuring your case is presented effectively.
Be Thorough and Persistent
The VA claims process requires attention to detail and persistence. Double-check all forms for accuracy, provide complete medical evidence, and follow up regularly on the status of your claim. If your claim is denied or your rating is lower than expected, don’t be discouraged—many veterans successfully appeal their decisions and receive higher ratings.
How Combined Ratings Work and How to Maximize Them
The VA uses a combined ratings table to calculate a veteran’s overall disability rating when they have multiple service-connected conditions. This process is not as straightforward as simply adding percentages together. Instead, the VA applies a formula that considers the impact of each condition on the veteran’s remaining “unimpaired” capacity.
For example, if a veteran has a 50% rating for one condition and a 30% rating for another, the combined rating is not 80%. Instead, the VA calculates the remaining 50% of unimpaired capacity and applies the 30% rating to that, resulting in a combined rating of 65%, which is rounded to 70%. Understanding this system can help veterans identify opportunities to maximize their overall rating, such as addressing secondary conditions or seeking re-evaluations for worsening conditions.
Common Mistakes to Avoid When Seeking a Higher Rating
When pursuing a higher VA disability rating, it’s important to avoid common mistakes that can derail your claim. Missing deadlines is one of the most significant errors, as the VA has strict timelines for filing appeals and submitting evidence.
Another common mistake is submitting incomplete claims. Ensure all required forms are filled out accurately and include all necessary medical evidence. Failing to attend required medical exams, such as C&P exams, can also result in a denial or lower rating. Finally, avoid underestimating the importance of secondary conditions—these can make a significant difference in your overall rating.
Resources for Veterans Seeking Assistance
Veterans seeking assistance with their claims have access to a variety of resources. The VA’s website (www.va.gov) provides detailed information on the claims process, forms, and deadlines. Organizations like the Disabled American Veterans (DAV) and the American Legion offer free assistance with claims and appeals. Additionally, legal aid services and VA-accredited attorneys can provide expert guidance and representation.
When to Consider Total Disability Individual Unemployability (TDIU)
Total Disability Individual Unemployability (TDIU) is an option for veterans whose service-connected disabilities prevent them from maintaining gainful employment. TDIU allows veterans to receive compensation at the 100% disability rate, even if their combined rating is below 100%.
To qualify, veterans must demonstrate that their disabilities significantly impair their ability to work. This typically requires medical evidence and, in some cases, vocational assessments. If you believe you may qualify for TDIU, consult with a VA-accredited representative to explore your options.
Final Thoughts on Increasing Your VA Disability Rating
Increasing your VA disability rating can be a complex process, but it’s worth the effort to ensure you receive the benefits you’ve earned. By gathering comprehensive medical evidence, understanding the claims process, and seeking professional assistance, you can improve your chances of success. If you need help navigating the system, contact Avard Law Offices for a free consultation via the chat on our website or by calling (888) 685-7930. Our Board-Certified attorneys are here to help you secure the benefits you deserve.