The U.S. Department of Veterans Affairs assesses disability claims by assigning veterans a VA disability rating based on the extent to which their service-related conditions impact their ability to work and quality of life. A higher disability rating allows vets with more serious conditions to receive greater monthly pay and health care benefits
However, the VA rating system is not without flaws. Ratings are often based on a veteran’s capabilities while treated and medicated, rather than the underlying severity of their disabilities. The VA’s Combined Rating Table, which assesses multiple conditions, also makes it harder to achieve a higher overall disability rating because the formula provides diminishing returns for each successive condition
On this page, the experienced veterans disability lawyers at Rob Levine Law explain what you can do to increase your VA rating and provide a step-by-step guide through the process
Steps to Take to Increase Your VA Rating
The process of increasing your VA disability rating is not an exact science. However, understanding how the system works will give you a good starting point. Here are some step-by-step guidelines to help you along the way:
Step 1: Review Your Current Rating and Medical Records
When looking for ways to improve your VA rating, first review the decision letter you received from the VA and your current medical records. These documents can help you determine whether the VA already has all the most relevant and recent information regarding your service-related conditions, or if you have any diagnoses it may not know about yet.
Carefully review the VA’s diagnostic code for your condition to understand how the VA rates it and the symptoms it considers a t each rating level.
Step 2: File a Claim for an Increased Rating
If you have medical evidence that your condition has worsened, you can file a new VA disability benefits claim to seek a higher rating. If your condition hasn’t worsened, but you have new and relevant evidence that can strengthen your original claim, you can file a supplemental claim instead.
You do not have to wait until you have gathered all your evidence to file the claim. You should file the claim as soon as possible to get the process started. However, only consider filing a claim for a service-connected condition if you are confident that you are entitled to an increase. Otherwise, you run the risk that VA will evaluate the claim and reduce your disability rating.
Step 3: Gather New Medical Evidence
If you’ve recently had a medical provider re-examine you to assess changes to your service-connected conditions, obtain the latest medical records, particularly if they show your conditions have worsened. If you have not yet had a re-examination, schedule an appointment to get one.
Step 4: Request a Re-Evaluation or C&P Exam
If you believe your condition has worsened, you can request to undergo a new compensation and pension, or C&P, exam to re-evaluate your disabilities. The results of a C&P exam are key to increasing your disability rating, so it’s important to prepare in advance and be honest about how significantly your conditions impact your life.
Step 5: Follow Up on Your Claim
After you’ve filed a claim to increase your VA disability rating, make sure to keep track of the claim process and regularly respond to requests for information from the VA.
How Do I Know If I’m Eligible for a Higher Rating?
You can’t know for certain whether you’re eligible for a higher VA disability rating without pursuing one. However, in some situations, you are more likely to qualify. You might be eligible for an increased VA rating under the following circumstances:
- Your existing symptoms have noticeably worsened.
- You’ve developed new symptoms or complications related to your existing conditions.
- You’re experiencing additional day-to-day limitations, which may indicate the development of a condition the VA hasn’t yet considered.
- You believe that your original rating never accurately reflected the impact of your disabilities, or that the VA overlooked certain details of your condition.
What Evidence Can Help Support My Claim for a Higher Rating?
The following evidence can help you increase your VA disability rating:
- Medical evidence: Health care records showing your worsening condition are the most important evidence for securing a higher VA rating. Key documents include doctor’s notes, treatment records, and test results, such as X-rays, MRIs, or CT scans.
- Personal testimony: You can submit a veteran’s lay statement describing in writing the extent of your symptoms and how they impact your life. A friend or family member can also submit a “buddy statement” to help support your claim.
- Employment records: These may be key to proving your eligibility and showing the impact of your disability on your ability to work.
- Expert opinions: You can solicit testimony from medical professionals to reinforce your claims and detail the effects of your conditions.
What If I’m Denied a Higher Rating?
If the VA refuses to raise your disability rating, you may have to proceed through the complicated appeals process. The VA offers the following three options for appealing a benefits claim, and you can choose the path that best fits the circumstances:
- Filing a supplemental claim: If you have new evidence that the VA didn’t consider as part of your claim, you can file a supplemental claim to include it and strengthen your arguments.
- Requesting a higher-level review: Within a year of the VA’s decision, you can ask to have a higher-level reviewer look over your case and potentially issue a different outcome.
- Request a hearing: You can ask the Board of Veterans Appeals for a hearing before a Veterans Law Judge, who will review your case and issue a ruling.
If you exhaust your appeal options without success, you can file an appeal with the U.S. Court of Appeals for Veterans Claims to continue pursuing a higher disability rating. Our attorneys can help.
Contact Rob Levine Law Today for Help With Increasing Your VA Rating
With over 75 years of combined experience helping veterans get the disability benefits they deserve, the Rob Levine Law team has the skill and knowledge to navigate your claim through the appeals process and give you the best chance at increasing your VA rating. We’ve helped more than 50,000 people recover over $2 billion in injury compensation and disability benefits.
Our veterans disability lawyers are available 24/7 to take your call, and with our Fee Free Guarantee®, you won’t pay us anything unless you win. Contact us online or call (800) 742-3920 today for a free consultation.
