For many veterans, obtaining a higher VA disability rating can mean a significant increase in monthly compensation and access to additional benefits. A higher rating may also provide a greater sense of recognition for the sacrifices and challenges that veterans face in service to their country.
There are many reasons why a veteran may want to increase their VA disability rating, and fortunately, there are several ways to do so.
In this blog post, we will explore some of the reasons why veterans may want to increase their VA disability rating and provide information on some of the strategies that can be used to achieve this goal.
Why would a veteran want to increase their VA Disability Rating?
There are many reasons that a veteran might want to consider increasing their VA disability rating. Some of the biggest reasons we’ve seen include things like the following:
- Higher monthly compensation payment for financial stability and improved quality of life
- Access to additional benefits such as vocational rehabilitation, caregiver support, and adaptive equipment
- Eligibility for Total Disability based on Individual Unemployability (TDIU) for those who are unable to maintain substantially gainful employment due to service-connected disabilities
- Recognition and validation for sacrifices and challenges in service to their country
- Acknowledgement of the impact of service-connected disabilities on their lives
- Ability to obtain specialized medical treatment and services
- Eligibility for priority health care services
- Increased likelihood of obtaining Social Security Disability benefits
- Potential tax benefits
- Protection from garnishment of VA disability compensation
- Ability to provide financial stability and support for their families
The Top Ways to Increase Your VA Disability Rating
- Seek treatment and obtain medical evidence to support the claim.
- Provide detailed documentation of all disabilities and how they affect daily living.
- Consider applying for secondary service connection for conditions related to existing disabilities.
- Request a reevaluation of a current rating.
- File a Notice of Disagreement (NOD) if the veteran disagrees with the VA’s decision.
- File a claim for Individual Unemployability (IU) if the veteran is unable to maintain substantially gainful employment due to their service-connected disabilities.
- Submit a claim for Special Monthly Compensation (SMC) if the veteran has severe disabilities, such as loss of use of a limb or blindness.
- Appeal to the Board of Veterans Appeals (BVA) if the veteran disagrees with the Regional Office decision.
- Hire a VA-accredited attorney or claims representative to help navigate the claims process.
- Consider submitting a claim for increased rating due to the worsening of a service-connected disability.
- Obtain a medical opinion from a private physician or specialist that supports the claim for a higher rating.
- Seek assistance from a Veteran Service Organization (VSO) to file or appeal a claim.
- Provide evidence of service connection for new or previously denied conditions.
- Submit a Fully Developed Claim (FDC) if all the required evidence is available at the time of submission.
- Request a Decision Review Officer (DRO) review if the veteran disagrees with the Regional Office decision.
- Appeal to the U.S. Court of Appeals for Veterans Claims (CAVC) if the veteran disagrees with the BVA decision.
- Consider submitting a claim for presumptive conditions related to exposure to Agent Orange or other toxic substances.
- Apply for VA pension if the veteran has limited income and assets.
- Request a hearing before the BVA or the Regional Office to present new evidence and arguments.
When would you want the help of an attorney?
There may be some cases in which a veteran may want to consider hiring a legal professional to assist them with their claims case. Here are some examples of situations where a veteran may want to seek the assistance of a VA-accredited attorney or claims representative to help them obtain an increased VA disability rating:
- Complex claims: If a veteran has multiple service-connected disabilities or their case is complicated due to medical or legal issues, an attorney can help navigate the claims process and ensure that all necessary evidence is provided to support their claim.
- Denied claims: If a veteran’s claim for VA disability benefits has been denied, an attorney can assist in filing an appeal and providing additional evidence to support their case.
- Inadequate rating: If a veteran disagrees with the assigned disability rating for their service-connected disabilities, an attorney can assist in obtaining additional medical evidence and filing a request for a rating review.
- TDIU claims: If a veteran is seeking Total Disability based on Individual Unemployability (TDIU) benefits, an attorney can help demonstrate that their service-connected disabilities prevent them from maintaining substantially gainful employment.
- Court appeals: If a veteran’s case is denied by the VA and they wish to appeal the decision in court, an attorney can provide legal representation and advocacy throughout the appeals process.
Overall, seeking the assistance of a VA-accredited attorney or claims representative can be particularly helpful for veterans who are unfamiliar with the VA claims process or who face complex medical or legal issues.
When would a veteran want to pursue increasing their VA disability rating on their own?
A veteran may want to pursue trying to get an increased VA disability rating on their own when they feel confident in their ability to gather and present the necessary evidence to support their claim.
This may be the case when the veteran has a good understanding of the VA disability claims process, has experience in advocating for themselves, and has access to the resources and support they need to make their case.
In some cases, veterans may prefer to work on their own rather than hiring an attorney to help with their claim.
This may be because they want to maintain more control over the process and decision-making, or they may feel uncomfortable sharing personal information with an attorney.
Additionally, some veterans may have had negative experiences with attorneys in the past, and therefore may prefer to handle their claim on their own.
More Information About The Top Ways to Increase Your Benefits
1. Seek treatment and obtain medical evidence to support the claim.
One of the most important factors in obtaining an increased VA disability rating is providing medical evidence that supports the veteran’s claim.
This medical evidence can include records from military service, private doctors, and VA medical centers. It is essential that veterans receive appropriate medical treatment and document all their symptoms and limitations related to their service-connected disabilities.
If a veteran is not currently receiving medical treatment, they should schedule an appointment with their primary care provider or a specialist to document their conditions and obtain a diagnosis.
Veterans can also request their medical records from their military service or obtain copies of their records from previous VA medical exams.
In addition to obtaining medical records, veterans can also provide a statement from their doctor that explains the nature and extent of their service-connected disabilities.
This statement can be included in the veteran’s claim file and can help the VA understand the impact of the disabilities on their daily life and ability to work.
2. Provide detailed documentation of all disabilities and how they affect daily living.
When a veteran applies for VA disability benefits, it’s essential that they provide detailed documentation of all their service-connected disabilities and how they affect their daily life.
This documentation can include medical records, service records, and statements from family members or coworkers who have observed the veteran’s limitations.
The VA rates disabilities based on their severity and how they affect the veteran’s ability to work and perform daily activities.
Therefore, it’s important for veterans to provide specific details about their symptoms, such as how often they experience pain, how severe the pain is, and what activities or movements make the pain worse.
Veterans should also describe how their service-connected disabilities affect their ability to perform daily activities, such as bathing, dressing, and grooming, as well as their ability to perform household tasks, such as cooking, cleaning, and shopping.
They should also provide information about how their disabilities affect their ability to work, including any limitations on the type of work they can perform, how many hours they can work, and how often they have to take breaks or miss work due to their disabilities.
3. Consider applying for secondary service connection for conditions related to existing disabilities.
Secondary service connection is a type of VA disability claim that allows veterans to receive benefits for conditions that are caused or aggravated by existing service-connected disabilities.
This means that if a veteran has a service-connected disability that causes or worsens another medical condition, they may be eligible for additional disability compensation.
For example, if a veteran has a service-connected back injury that causes them to walk with a limp, they may develop knee or hip pain due to the altered gait.
The knee or hip pain would be considered a secondary condition related to the service-connected back injury, and the veteran could apply for secondary service connection to receive additional disability compensation.
To apply for secondary service connection, veterans must provide medical evidence that the secondary condition is related to the service-connected disability.
This may include medical records, statements from treating physicians, and statements from the veteran or family members about the impact of the secondary condition on daily life.
4. Request a reevaluation of a current rating.
A veteran who believes that their current VA disability rating is too low may request a reevaluation of their disability rating.
This can be done if the veteran believes that their condition has worsened since their initial rating decision or if they believe that the rating decision was incorrect.
To request a reevaluation, veterans should submit VA Form 21-526EZ, which is the Application for Disability Compensation and Related Compensation Benefits.
In the application, veterans should provide specific details about how their condition has worsened since their initial rating decision or why they believe that the initial decision was incorrect.
The VA will then schedule a new examination to evaluate the veteran’s current condition and determine if the rating should be increased.
The examiner will review the veteran’s medical records, conduct a physical examination, and assess the impact of the veteran’s condition on their daily life and ability to work.
5. File a Notice of Disagreement (NOD) if the veteran disagrees with the VA’s decision.
If a veteran disagrees with the VA’s decision regarding their disability compensation claim, they can file a Notice of Disagreement (NOD).
An NOD is a formal notification to the VA that the veteran disagrees with their decision and wishes to appeal it. It must be filed within one year of the date of the VA’s decision.
When filing an NOD, veterans should provide specific reasons for their disagreement with the decision.
This may include citing medical evidence that was not considered in the initial decision, pointing out errors in the VA’s decision-making process, or disputing the rating assigned to their disability.
After the NOD is filed, the VA will send the veteran a Statement of the Case (SOC), which provides a detailed explanation of the evidence and law used in making the decision, as well as a summary of the evidence that was considered.
The veteran then has 60 days to respond to the SOC with a VA Form 9, which is a formal appeal to the Board of Veterans’ Appeals.
6. File a claim for Individual Unemployability (IU) if the veteran is unable to maintain substantially gainful employment due to their service-connected disabilities.
If a veteran is unable to maintain substantially gainful employment due to their service-connected disabilities, they may be eligible for Individual Unemployability (IU) benefits.
IU provides veterans with compensation at the 100% disability rate, even if their service-connected disabilities do not meet the criteria for a 100% disability rating.
To be eligible for IU benefits, veterans must first have at least one service-connected disability rated at 60% or more, or a combination of disabilities that are rated at 70% or more with at least one disability rated at 40% or more.
Veterans must also be unable to maintain substantially gainful employment due to their service-connected disabilities.
To file a claim for IU, veterans should complete VA Form 21-8940, Veteran’s Application for Increased Compensation Based on Unemployability.
This form requires veterans to provide information about their employment history, education, and current medical condition, as well as any relevant medical records or documentation.
Veterans may also need to undergo a Compensation and Pension (C&P) exam to determine their eligibility for IU benefits.
Filing a claim for IU can be a complex process, and it’s important for veterans to seek the assistance of a qualified attorney or veterans service organization if they need help.
By filing a claim for IU, veterans may be able to receive additional compensation to support themselves and their families if they are unable to maintain substantially gainful employment due to their service-connected disabilities.
7. Submit a claim for Special Monthly Compensation (SMC) if the veteran has severe disabilities, such as loss of use of a limb or blindness.
Special Monthly Compensation (SMC) is a tax-free benefit that provides additional compensation to veterans who have severe disabilities, such as loss of use of a limb or blindness, and who require the aid and attendance of another person or are housebound.
SMC is in addition to the regular monthly disability compensation that a veteran may receive.
To be eligible for SMC, veterans must have a service-connected disability that meets the criteria for SMC, such as loss of use of a limb, blindness, or paraplegia.
Additionally, veterans must require the aid and attendance of another person or be housebound due to their service-connected disabilities.
To submit a claim for SMC, veterans should complete VA Form 21-2680, Examination for Housebound Status or Permanent Need for Regular Aid and Attendance.
This form requires veterans to provide information about their medical condition, as well as any relevant medical records or documentation. Veterans may also need to undergo a Compensation and Pension (C&P) exam to determine their eligibility for SMC benefits.
8. Appeal to the Board of Veterans Appeals (BVA) if the veteran disagrees with the Regional Office decision.
If a veteran disagrees with the decision made by the Regional Office (RO), they can appeal the decision to the Board of Veterans Appeals (BVA).
The BVA is a part of the Department of Veterans Affairs and is responsible for reviewing appeals of veterans’ disability claims. The BVA reviews the evidence presented in the case and makes a decision based on the law and the facts.
To appeal a decision to the BVA, veterans must file a Notice of Disagreement (NOD) with the RO within one year of the date of the decision.
The NOD must state that the veteran disagrees with the decision and wishes to appeal it to the BVA. After the NOD is filed, the veteran has the opportunity to submit additional evidence and request a hearing before a BVA judge.
If the BVA denies the appeal, the veteran may further appeal the decision to the U.S. Court of Appeals for Veterans Claims (CAVC).
The CAVC is an independent court that reviews decisions made by the BVA. If the CAVC agrees with the BVA’s decision, the veteran may have the option to appeal to the U.S. Court of Appeals for the Federal Circuit.
9. Hire a VA-accredited attorney or claims representative to help navigate the claims process.
As of June 2007, disabled veterans are now able to hire an attorney immediately after filing a Notice of Disagreement at the VA regional office (VARO).
Typically, an NOD (Notice of Disagreement) is filed after an RD (Rating Decision) is issued by the VA.
Prior to this date, veterans could not hire attorneys to assist with their legal representation until the later phases of their appeals process, which can take years to complete.
Hiring an va claim lawyer early in the VA appeal process allows the veteran a better opportunity to present a well developed claim-file supporting the veteran’s case.
10. Consider submitting a claim for increased rating due to the worsening of a service-connected disability.
As a veteran, you may have experienced a service-connected disability that worsened over time. If this is the case, you may want to consider submitting a claim for increased rating with the Department of Veterans Affairs (VA).
Doing so can help you receive additional compensation and benefits to help manage the challenges of your condition.
When you submit a claim for increased rating, the VA will evaluate your medical records and assess the severity of your disability.
If they determine that your condition has worsened, they may increase your disability rating, which can result in higher monthly compensation payments. This can be especially helpful if you are struggling to make ends meet or need additional resources to manage your health and wellbeing.
Moreover, if your disability has worsened to the point where you can no longer work or need additional support, a higher rating may make you eligible for other benefits such as vocational rehabilitation, adapted housing, and assistive technology.
These resources can help you maintain your independence and improve your quality of life.
11. Obtain a medical opinion from a private physician or specialist that supports the claim for a higher rating.
If you are a veteran who is seeking an increased rating for a service-connected disability, obtaining a medical opinion from a private physician or specialist can be an important step in the process.
This opinion can provide valuable evidence to support your claim and help ensure that you receive the rating and benefits you deserve.
When seeking a medical opinion from a private physician or specialist, it is important to choose someone who is experienced in working with veterans and familiar with the VA disability evaluation process.
This can help ensure that the medical opinion is comprehensive, detailed, and aligned with the VA’s requirements.
Once you have obtained a medical opinion, it is important to submit it to the VA as part of your claim.
The opinion should include a detailed description of your condition, any diagnostic tests or evaluations that were performed, and an assessment of the severity of your disability.
It should also clearly state how your disability is related to your military service.
If the VA accepts the medical opinion and agrees to increase your rating, you may be eligible for additional compensation and benefits to help manage your condition.
This can include monthly payments, access to medical care, and other resources to help you maintain your health and wellbeing.
12. Seek assistance from a Veteran Service Organization (VSO) to file or appeal a claim.
As a veteran, seeking assistance from a Veteran Service Organization (VSO) can be an effective way to file or appeal a claim for benefits from the Department of Veterans Affairs (VA).
VSOs are independent organizations that are recognized by the VA and provide assistance and support to veterans and their families.
VSOs have trained advocates who can help veterans navigate the complex VA claims process, including filing new claims, appealing denied claims, and requesting increases in disability ratings.
These advocates have extensive knowledge of the VA’s regulations and procedures and can provide guidance on the types of evidence and documentation that may be necessary to support a claim.
Additionally, working with a VSO can provide a veteran with emotional support and a sense of community.
VSOs are often staffed by veterans themselves, so they understand the unique challenges and experiences that veterans face. They can also provide resources and referrals to other organizations and agencies that can assist with issues.
13. Provide evidence of service connection for new or previously denied conditions.
As a veteran, it can be challenging to obtain benefits for new or previously denied conditions that are not currently recognized as service-connected.
However, providing evidence of service connection can help strengthen your case and increase your chances of obtaining benefits.
Service connection means that your condition is related to your military service, and providing evidence of this connection is critical in the claims process.
This can include medical records, incident reports, witness statements, and other documentation that shows a clear link between your condition and your military service.
It is important to note that the VA is responsible for determining whether a condition is service-connected, and this determination is based on a review of all available evidence.
Therefore, it is important to provide as much relevant information as possible to support your claim.
If you are filing a new claim for a condition that you believe is service-connected, it is important to submit any relevant evidence along with your claim.
This can include documentation of any injuries or illnesses that occurred during your service, as well as any medical records or other evidence that shows a connection between your condition and your military service.
If you are appealing a previously denied claim, it is important to provide any new evidence that has become available since your initial claim was denied.
This can include new medical records, witness statements, or other information that was not available at the time of your initial claim.
14. Submit a Fully Developed Claim (FDC) if all the required evidence is available at the time of submission.
As a veteran, submitting a Fully Developed Claim (FDC) can be a streamlined and efficient way to obtain benefits from the Department of Veterans Affairs (VA) if all the required evidence is available at the time of submission.
An FDC is a claim for disability compensation or pension that is submitted with all the necessary evidence, including medical records, service records, and other relevant documentation.
Submitting an FDC can help ensure that your claim is processed more quickly, as the VA does not need to spend time and resources gathering additional evidence or information.
In some cases, an FDC can be processed in as little as 90 days, compared to the average processing time of 125 days for a standard claim.
To submit an FDC, you must have all the necessary evidence at the time of submission. This includes medical records, service records, and any other documentation that supports your claim.
It is important to ensure that all the evidence is complete and accurate, as any missing or incomplete information can delay the processing of your claim.
Additionally, it is important to work with an experienced advocate or professional to ensure that your FDC is complete and accurate.
This can help ensure that your claim is supported by the strongest possible evidence and increase your chances of success.
15. Request a Decision Review Officer (DRO) review if the veteran disagrees with the Regional Office decision.
If a veteran disagrees with a decision made by the Regional Office (RO) of the Department of Veterans Affairs (VA), they may request a Decision Review Officer (DRO) review.
This process allows a senior-level VA official to review the case and potentially make a new decision based on the evidence provided.
The DRO review process can be a valuable option for veterans who believe that the RO made an error or overlooked important evidence.
During the review, the DRO will consider all of the evidence and documentation provided, as well as any additional evidence that the veteran may wish to submit.
To request a DRO review, the veteran must submit a written request within one year of the date of the RO’s decision.
The request should include a detailed explanation of the reasons for the disagreement, as well as any additional evidence or documentation that supports the veteran’s position.
Once the DRO receives the request, they will review the case and make a decision. If the DRO agrees with the RO’s decision, they will issue a statement explaining their reasoning.
If the DRO disagrees with the RO’s decision, they may issue a new decision based on the evidence provided.
16. Appeal to the U.S. Court of Appeals for Veterans Claims (CAVC) if the veteran disagrees with the BVA decision.
If a veteran disagrees with the decision made by the Board of Veterans Appeals (BVA), they have the right to file an appeal with the U.S. Court of Appeals for Veterans Claims (CAVC).
The CAVC is a specialized court that was established to provide veterans with an impartial forum to appeal unfavorable decisions made by the Department of Veterans Affairs (VA).
To initiate an appeal, the veteran must file a Notice of Appeal with the CAVC within 120 days of the BVA decision.
The notice must be in writing and include the veteran’s name, address, and BVA decision number. It is important to note that the CAVC has strict filing deadlines and failure to file within the allotted time could result in the appeal being dismissed.
Once the notice of appeal has been filed, the CAVC will request the BVA’s record of proceedings, which includes all the evidence, testimony, and documents presented during the appeal process.
The veteran and their representative will then have the opportunity to file briefs outlining the legal arguments for their appeal.
The CAVC will review the record of proceedings and the briefs submitted by both parties. In some cases, the court may request additional evidence or hold oral arguments before issuing a decision.
The CAVC’s decision is final and cannot be appealed to another court, except in limited circumstances.
17. Consider submitting a claim for presumptive conditions related to exposure to Agent Orange or other toxic substances.
If you are a veteran who served in Vietnam or other areas where Agent Orange or other toxic substances were used, you may be eligible for VA disability benefits related to presumptive conditions.
Presumptive conditions are medical conditions that the VA presumes were caused by exposure to certain hazardous substances or events during military service.
Some of the presumptive conditions related to Agent Orange exposure include various types of cancer, Parkinson’s disease, and ischemic heart disease.
The VA has also established presumptive conditions related to exposure to other toxic substances, such as Gulf War Syndrome and Camp Lejeune water contamination.
If you have one of these conditions and served in an area where exposure to these substances was likely, you should consider submitting a claim for VA disability benefits.
The VA has streamlined the claims process for presumptive conditions, and veterans can receive benefits without having to prove a direct connection between their military service and their medical condition.
To apply for VA disability benefits, you will need to submit a claim and provide medical evidence that supports your claim. You may also need to provide evidence of your military service and exposure to the hazardous substance.
It is important to note that the VA may require a medical examination to evaluate the severity of your condition and determine your eligibility for benefits.
If your claim is approved, you may be eligible for a range of benefits, including compensation for your medical condition and any related disabilities, as well as access to VA healthcare services.
It is important to consult with a veterans’ service organization or an experienced VA disability attorney to ensure that your claim is properly prepared and submitted to maximize your chances of receiving the benefits you deserve.
18. Apply for VA pension if the veteran has limited income and assets.
If you are a veteran with limited income and assets, you may be eligible for a VA pension.
A VA pension is a tax-free, needs-based benefit that provides financial assistance to eligible wartime veterans and their surviving spouses or dependents.
To be eligible for a VA pension, you must have served at least 90 days of active duty, with at least one day during a wartime period, and meet certain income and asset limitations.
The VA considers income from all sources, including Social Security, pensions, and retirement accounts, when determining eligibility for a VA pension.
In addition to income limitations, the VA also considers your net worth, or the value of your assets, when determining eligibility for a VA pension.
However, some assets, such as your primary residence and personal belongings, are exempt from the net worth calculation.
19. Request a hearing before the BVA or the Regional Office to present new evidence and arguments.
If you are a veteran and disagree with a decision made by the Regional Office or the Board of Veterans Appeals (BVA), you may request a hearing to present new evidence and arguments in support of your claim. A hearing can be a valuable opportunity to provide additional information to support your case and address any concerns or questions raised by the decision-makers.
To request a hearing, you must submit a written request to the Regional Office or the BVA, depending on where your case is in the appeals process. You should include any new evidence or information that you wish to present at the hearing, as well as a summary of the arguments that you plan to make.
The Regional Office or the BVA will schedule a hearing and provide notice of the date, time, and location. The hearing may be conducted in person or by videoconference, depending on the circumstances. You may also have the option to participate in the hearing by phone.
At the hearing, you will have the opportunity to present your case and answer any questions that the decision-makers may have. You may also have the opportunity to submit additional evidence or documentation in support of your claim. After the hearing, the decision-makers will consider all of the evidence and arguments presented and issue a decision.
Want to know more about the claims process or help with filing an appeal?
Hill & Ponton was founded in 1986 and has assisted veterans in their VA claims for the last two decades. Although the old law prevented us from being official representatives for the veterans before the VA, we would advise, pro bono, veterans seeking benefits.
In 2007, the law regarding attorney representation for veterans changed. We have been actively representing veterans before the VA ever since.
Our firm handles cases from Regional Offices around the nation through the appeals process to the Board of Veterans’ Appeals and then up to the Court of Appeals for Veterans Claims.
At Hill & Ponton, we are very proud of our firm and its accomplishments. We think our law firm provides our clients with the best representation possible for their disability claim.
If you are intending to appeal a denied claim, you can contact us for an evaluation and we can help you with this process.
However, if you are considering filing an initial claim, or even if you are interested in learning about the appeals process, we offer a free ebook to get you started on the right foot!
The Road to VA Compensation Benefits will help break down the claims process from start to finish. Click the link below to learn more.
