Maximizing Your Benefits: Ways to Increase Your VA Disability Rating:
Many veterans stand to gain from increasing their VA disability rating. This can lead to a substantial boost in their monthly financial support and unlock additional valuable benefits. It can also offer a sense of validation for the sacrifices and hardships endured while serving their country. Fortunately, there are various avenues veterans can explore to pursue a higher rating.
Why would a veteran want to increase their VA Disability Rating?
Several factors motivate veterans to pursue a higher VA disability rating:
Increased financial support: A higher rating translates to a larger monthly VA compensation, providing crucial financial assistance.
Expanded access to benefits: Reaching a qualifying rating can unlock valuable benefits like healthcare, vocational rehabilitation, and educational opportunities.
Sense of recognition: A higher rating can serve as a form of acknowledgment for the sacrifices and challenges veterans have faced during their service.
Eligibility for Total Disability based on Individual Unemployability (TDIU) for those who are unable to maintain substantially gainful employment due to service-connected disabilities.
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
Ways to Increase Your VA Disability Rating:
File a Claim for Increased Rating:
Condition Worsens: If your service-connected disability has significantly worsened since the initial rating, file a claim for a higher rating. Seek treatment and obtain medical evidence to support the claim.
Gather Evidence: Get new medical records, doctor's notes outlining increased severity, and evidence demonstrating how the worsening affects your life. Provide detailed documentation of all disabilities and how they affect daily living.
New C&P Exam: The VA will likely schedule a new Compensation and Pension exam to reassess your condition.
Submit a claim for Special Monthly Compensation (SMC) if the veteran has severe disabilities, such as loss of use of a limb or blindness.
Develop and File Secondary Service-Connected Claims:
The Ripple Effect: File a claim if your existing service-connected disability directly caused or severely worsened another health issue.
Examples: Service-connected knee injury leads to chronic pain, further causing depression. Hearing loss contributes to social anxiety.
Nexus Letters: A clear statement from your doctor linking the secondary condition to the primary service-connected issue greatly strengthens your claim. Consider obtaining a medical opinion from a private physician or specialist that supports the claim for a higher rating.
Appeal a Previous VA Decision:
Disagreement: If you believe your VA rating is too low, you have the right to appeal the decision. File a Notice of Disagreement (NOD) if the veteran disagrees with the VA’s decision. Request a Decision Review Officer (DRO) review if the veteran disagrees with the Regional Office decision.
Timeline: Be sure to file your appeal within one year of the initial decision.
Appeal Options: Higher-Level Review, Supplemental Claim, or appeal to the Board of Veterans' Appeals. Appeal to the Board of Veterans Appeals 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.
New & Relevant Evidence: The key to success is providing evidence that wasn't considered the first time around.
Pursue Total Disability Based on Individual Unemployability (TDIU):
Unable to Work: If your service-connected disabilities prevent you from maintaining substantially gainful employment, even if your combined ratings are below 100%. File a claim for Individual Unemployability (IU) if the veteran is unable to maintain substantially gainful employment due to their service-connected disabilities.
Income Requirement: You must fall below a certain income threshold set by the VA.
Documentation: Gather medical records, your work history, and evidence showing inability to secure or keep a job due to your disabilities.
Important Tips:
Accurate Diagnosis: Ensuring your conditions are properly diagnosed and documented is crucial for supporting your claim.
Expert Help: Consider seeking assistance from an accredited veterans law attorney experienced in VA disability claims.
Persistence: The claims and appeals process can take time. Don't get discouraged, keep fighting for the benefits you deserve!
