- Bartlett Legal Group
- /
- VA Disability Rating Increase
VA Disability Rating Increase
Legal Support to Maximize Your VA Benefits Rating
Increase your VA disability rating with the help of the experienced veteran disability attorneys at Bartlett Legal Group so you can receive the monthly compensation you deserve.
Increase your VA disability rating with the help of the experienced veteran disability attorneys at Bartlett Legal Group so you can receive the monthly compensation you deserve.
If you’re looking to increase your VA disability rating, it’s essential that you first understand the process and the options available to you. As you are likely aware, most veterans seek an increased rating when their service-connected condition worsens or if they feel like the VA has underestimated the severity of their disability or more generally, that their rating does not reflect their situation. Our team at Bartlett Legal Group aims to empower veterans with the knowledge and insight necessary to effectively navigate the complexities of the VA rating system.
Here’s a step-by-step guide to help you understand how to approach the process and why consulting a veterans disability benefits attorney can be highly beneficial. From decoding rating criteria to exploring options for increasing your rating, our experienced veteran disability claims attorneys can offer practical guidance to help you secure the fair and just VA disability ratings you deserve for your dedicated service to our nation.
If you’re ready to get the help of an experienced, VA-accredited attorney, call us at (850) 332-6434 or submit our simple online contact form.
Table of Contents
What is a VA Disability Rating?
The Department of Veterans Affairs (VA) uses disability ratings to assess the severity of a veteran’s service-connected condition or injury, which, in turn, determines the amount of compensation they will receive each month. These ratings range from 10% to 100% and are assigned in 10% increments. The idea is that the rating indicates how much a condition affects the veteran’s ability to function in daily life and maintain employment.
Basically, the more that serving in the military has limited your ability to live your life and make money, the more compensation the VA is willing to pay you each month to compensate you for that loss.
The VA’s rating system evaluates the impact of each disability on your ability to function in everyday life. For people with multiple disability ratings, the VA uses the individual ratings of each disability to calculate what they call a combined VA disability rating. A veteran’s combined VA disability rating includes secondary conditions as well as their primary service-related disabilities. But finding this number can get very complicated (hint: you don’t just add up the numbers or find the average); we discuss combined ratings in depth below.
Your VA disability rating is vital as it directly influences the amount of financial compensation and healthcare support you can access for your service-connected conditions. Understanding and advocating for an accurate disability rating is crucial to ensure you receive the appropriate resources and assistance to address your unique healthcare needs post-service.
Reasons to Request a Rating Increase
Here are several common reasons why veterans may request a VA disability rating increase:
Worsening Condition
If the veteran’s service-connected condition has worsened over time, they may qualify for a higher disability rating to reflect their increased level of impairment.
Development of Secondary Conditions
Sometimes, a service-connected disability can lead to additional health issues known as secondary conditions. Veterans can request an increase by including these secondary conditions in their claim.
Inadequate Initial Rating
A veteran may believe that the VA initially underestimated the severity of their condition and may seek to correct this by requesting a higher rating.
New Medical Evidence
New medical records, test results, or treatments that were not previously available can support a higher rating for the veteran’s disability.
Impact on Employment
If the veteran’s condition has started to interfere more significantly with their ability to work or maintain employment, it could justify a rating increase or eligibility for Total Disability Individual Unemployability (TDIU).
Mistakes in the Original Evaluation
Errors in the original evaluation, such as missing or misinterpreted medical records, may be grounds to request a rating increase.
These are the most common reasons veterans need to increase their VA disability rating. If your conditions change or if the VA made an error in the original assessment, you deserve to secure the compensation you need—and these issues give you the opportunity.
How is a VA Disability Rating Determined?
In order to get a rating increase, you need to understand the VA disability rating first. Title 38 of the Code of Federal Regulations emphasizes that VA disability compensation is aimed at addressing the earnings loss faced by disabled veterans. These regulations provide the ‘percent that a person is disabled’ (as far as can practically be determined) and the average impairment in the veteran’s earning capacity resulting from their service-connected injuries and/or diseases.
The federal code puts it like this (which we have greatly paraphrased and decoded):
The VA disability rating system is used to help evaluate how much a veteran’s disease or injury from military service affects their ability to work. The percentage ratings are meant to reflect the average impact on earning ability caused by these conditions. The ratings are designed to compensate for the loss of work time due to flare-ups or illness, based on how severe the disability is.
To use this system, veterans need thorough medical exams that focus on how much the condition limits their daily activities. Over time, a veteran’s condition might need to be re-evaluated based on new laws, medical advances, or changes in their physical or mental health. That’s why it’s important to consider the history of each condition when examining and rating it.
Here’s an overview of how the VA determines a disability rating:
1. Medical Evidence
The primary factor in determining a VA disability rating is the medical evidence provided by the veteran. This includes:
- Medical records from the VA hospital or private healthcare providers that document the diagnosis, treatment, and severity of the condition.
- Compensation and Pension (C&P) exam results are when a VA medical professional examines the veteran and assesses the impact of the disability.
2. Compensation and Pension (C&P) Exam
Disability ratings are derived from medical evaluations conducted for each veteran. These assessments initially take place during the discharge process from active duty. Veterans also have the option to request a reevaluation by the VA after their discharge.
The Compensation and Pension exam is an important part of the process in determining and increasing your VA rating. During this exam, a VA physician or specialist evaluates the veteran’s condition to assess the severity of their symptoms and the degree of functional impairment. The findings are then put into disability percentages in 10-percentage-point intervals.
During a Compensation and Pension (C&P) exam, a veteran can expect the examiner to ask detailed questions about their symptoms, medical history, and how their condition affects daily activities and work. The examiner may also conduct a physical examination or perform specific tests to assess the severity of the disability. This information is then used to help determine the veteran’s disability rating.
The results are critical for determining the final rating.
3. Functional Impairment
The VA considers how the disability affects the veteran’s ability to perform daily activities, work, and maintain relationships. For example, they assess whether the condition prevents the veteran from working, and if so, to what extent. Similarly, it look to determine how much it limits their capacity to live independently.
4. The VA Schedule for Rating Disabilities (VASRD)
The VA evaluates each veteran’s disability based on a detailed schedule of ratings that they have created to quantify each disability more or less and the amount that veteran is dependent on others. This schedule is known as the VA Schedule for Rating Disabilities (VASRD).
The VA uses the VASRD as a set of guidelines that assigns a percentage rating to various medical conditions based on the severity of symptoms. Each condition has specific criteria that outline which symptoms correspond to different rating percentages.
Below, we have created a table that shows how much your rating will pay depending on how many people depend on you.
5. Combined Ratings for Multiple Conditions
If a veteran has more than one service-connected disability, the VA combines them using a special formula, often referred to as “VA math.” The combined rating takes into account the overall impact of all service-related disabilities but does not simply add the percentages together. Instead, they use a formula that considers the most severe condition first, then factors in the next most disabilitatintg condition and so on, in descending order.
6. Lay Statements and Supporting Evidence
A lay statement is a written account provided by the veteran, family members, friends, or coworkers that describes how the veteran’s disability affects their daily life and ability to function. These personal statements can help provide context to the medical evidence by offering insights that medical records may not fully capture. For example, this may include observations about the veteran’s pain, mobility issues, or changes in behavior and are used as supporting evidence in VA disability claims.
7. Adjustments for Secondary Conditions
If a veteran’s service-connected disability causes or aggravates another condition (a secondary condition), this can also be factored into the overall rating. The VA will assess the severity of the secondary condition and include it in the final disability rating. For example, a neck injury may later end up leading to headaches. The veteran may or may not realize right away that the headaches are being caused by their “primary” neck injury. Either way, this is a good example of the importance of increasing your rating.
8. Special Considerations
Certain disabilities, such as traumatic brain injuries (TBI) or conditions like PTSD, might involve special considerations or additional compensation, such as Total Disability based on Individual Unemployability (TDIU), which grants 100% compensation to veterans unable to work, even if their combined rating is below 100%.
The VA uses medical evidence, examinations, and the VASRD guidelines to assign an initial disability rating or to increase a disability rating. The higher the percentage, the greater the compensation and access to benefits for the veteran. If a veteran believes their rating is too low, they have the right to appeal for an increase.
Current Compensation Rates for Different VA Ratings
In the following table, you will find the current compensation rates provided by the VA for veterans with various disability ratings. These rates are updated periodically to reflect changes in cost-of-living adjustments and other relevant factors. The table below outlines the compensation rates corresponding to different levels of disability as determined by the VA.
| Percentage | Rate |
|---|---|
| 10% | $171.23 |
| 20% | $338.49 |
| Dependent Status | 30% | 40% | 50% | 60% |
|---|---|---|---|---|
| Veteran Alone | $524.31 | $755.28 | $1,075.16 | $1,361.88 |
| Veteran with Spouse Only | $586.31 | $838.28 | $1,179.16 | $1,486.88 |
| Veteran with Spouse & One Parent | $636.31 | $904.28 | $1,262.16 | $1,586.88 |
| Veteran with Spouse and Two Parents | $686.31 | $970.28 | $1,345.16 | $1,686.88 |
| Veteran with One Parent | $574.31 | $821.28 | $1,158.16 | $1,461.88 |
| Veteran with Two Parents | $624.31 | $887.28 | $1,241.16 | $1,561.88 |
| Additional for A/A spouse | $57.00 | $76.00 | $95.00 | $114.00 |
| Dependent Status | 70% | 80% | 90% | 100% |
|---|---|---|---|---|
| Veteran Alone | $1,716.28 | $1,995.01 | $2,241.91 | $3,737.85 |
| Veteran with Spouse Only | $1,861.28 | $2,161.01 | $2,428.91 | $3,946.25 |
| Veteran with Spouse & One Parent | $1,978.28 | $2,294.01 | $2,578.91 | $4,113.51 |
| Veteran with Spouse and Two Parents | $2,095.28 | $2,427.01 | $2,728.91 | $4,280.77 |
| Veteran with One Parent | $1,833.28 | $2,128.01 | $2,391.91 | $3,905.11 |
| Veteran with Two Parents | $1,950.28 | $2,261.01 | $2,541.91 | $4,072.37 |
| Additional for A/A spouse | $134.00 | $153.00 | $172.00 | $191.14 |
| Dependent Status | 30% | 40% | 50% | 60% |
|---|---|---|---|---|
| Veteran with Child Only | $565.31 | $810.28 | $1,144.16 | $1,444.88 |
| Veteran with Spouse and Child | $632.31 | $899.28 | $1,255.16 | $1,577.88 |
| Veteran with Spouse, One Parent and Child | $682.31 | $965.28 | $1,338.16 | $1,677.88 |
| Veteran with Spouse, Two Parents and Child | $732.31 | $1,031.28 | $1,421.16 | $1,777.88 |
| Veteran with One Parent and Child | $615.31 | $876.28 | $1,227.16 | $1,544.88 |
| Veteran with Two Parents and Child | $665.31 | $942.28 | $1,310.16 | $1,644.88 |
| Add for Each Additional Child Under Age 18 | $31.00 | $41.00 | $51.00 | $62.00 |
| Each Additional Schoolchild Over Age 18 | $100.00 | $133.00 | $167.00 | $200.00 |
| Additional for A/A spouse | $57.00 | $76.00 | $95.00 | $114.00 |
| Dependent Status | 70% | 80% | 90% | 100% |
|---|---|---|---|---|
| Veteran with one Child (no spouse, no parents) | $1,813.28 | $2,106.01 | $2,366.91 | $3,877.22 |
| Veteran with Spouse and Child (no parents) | $1,968.28 | $2,283.01 | $2,565.91 | $4,098.87 |
| Veteran with Spouse, One Parent and One Child | $2,085.28 | $2,416.01 | $2,715.91 | $4,266.13 |
| Veteran with Spouse, Two Parents and Child | $2,202.28 | $2,549.01 | $2,865.91 | $4,433.39 |
| Veteran with One Parent and Child | $1,930.28 | $2,239.01 | $2,516.91 | $4,044.48 |
| Veteran with Two Parents and Child | $2,047.28 | $2,372.01 | $2,666.91 | $4,211.74 |
| Add for Each Additional Child Under Age 18 | $72.00 | $82.00 | $93.00 | $103.55 |
| Each Additional Schoolchild Over Age 18 | $234.00 | $267.00 | $301.00 | $334.49 |
| Additional for A/A spouse | $134.00 | $153.00 | $172.00 | $191.14 |
Correcting an Initial VA Disability Rating
If you believe your initial VA disability rating doesn’t accurately reflect the severity of your service-connected condition, it’s important to take steps to correct it. This process involves gathering new evidence, understanding the VA’s criteria, and possibly seeking legal support. Here’s a brief look at how one would go about correcting their initial rating:
- Gather New Evidence: Collect any new medical records, doctor’s evaluations, or personal statements that can provide more insight into how your condition was initially underestimated.
- Understand the VA’s Criteria: Familiarize yourself with how the VA rates your specific condition. This knowledge can help you pinpoint where the initial evaluation fell short.
- File for Reevaluation: Submit a request for reevaluation to the VA, making sure to include all the new evidence you’ve gathered. This request can be made on your own through the VA’s website or with the assistance of a VA-accredited attorney, which will more than likely give you a much higher chance of success since they appeal claims all day, every day.
- Seek Legal Support: Consider consulting with a veteran’s disability attorney who can guide you through the process, help gather evidence, and advocate on your behalf. Legal support can be especially beneficial if the case involves complex issues or if the initial appeal is denied. As we mentioned above, a VA benefits lawyer handles these types of cases all the time, and this would be your first time, so sometimes it’s just better to go with an expert.
- Stay Informed and Patient: Correcting an initial rating can be a long process, so it’s important to be patient and stay informed about your case. Make sure you maintain communication with your legal representative, if you have one, and don’t expect it to be done by next Monday.
Correcting an initial VA disability rating is not just about securing higher compensation; it’s about acknowledging and accurately accounting for the full impact of service-connected conditions on veterans’ lives. It ensures that veterans have access to the healthcare and support services they need and recognizes the sacrifices they have made in their service to the country.
Taking these steps can significantly increase your chances of receiving a VA disability rating that truly reflects the impact of your service-connected condition.
Evidence Required for a Rating Increase
Providing evidence, such as a medical nexus, service records, etc., can mean the difference between success and the possible denial of your rating increase request.
VA Medical Records
VA medical records are pivotal in establishing a connection between your medical condition and your service. These records should include any diagnoses, treatments, and evaluations conducted by VA healthcare professionals. They are crucial for showing either the onset or the worsening of your disabilities over time.
Private Medical Records
In addition to VA records, private medical records can provide further evidence of your conditions. These documents can offer additional insights from non-VA healthcare providers, covering any treatments and assessments related to your claims. They can be especially beneficial in highlighting diagnoses and treatments that may not be captured in VA records alone.
Supporting Statements
Supporting statements from those who know you well can add a personal perspective to your claim. Testimonies from family members, friends, clergy, or fellow service members can provide firsthand accounts of how your condition affects your daily life.
Therefore, these statements can offer valuable insights into the circumstances of your condition and its progression.
Military Service Records and Other Documents
Documents such as your discharge papers (DD214) and service treatment records are essential in establishing a service connection for your disabilities. These records verify your service history and any medical conditions noted during your time in the military. Consequently, they are integral to proving that your disabilities relate to your service.
Compiling this evidence can be a daunting task, but it is vital for a successful claim. Depending on your case, you may need to gather these documents independently. Alternatively, you can seek assistance from a legal expert who can help streamline the process.
What the VA Considers When Determining Your Rating
When assessing your VA disability rating, several key factors are taken into consideration to determine the extent of your service-connected disabilities and the level of compensation you may be eligible for. The following aspects play a crucial role in this evaluation process:
- Evidence Provided: The VA will consider the evidence you have submitted, including medical reports, test results, and any other relevant documentation. You should produce medical evidence showing your physical or mental health condition. You must also prove that your condition is either a direct consequence of your military service or was worsened by service.
- VA Claim Exam Results: If the VA deems it necessary, they will also consider the outcomes of your VA claim exam, also known as a Compensation and Pension (C&P) exam. A VA physician conducts this exam to assess the severity of your disability.
- Additional Information from External Sources: The VA may reference data obtained from federal agencies or other relevant sources to supplement the assessment of your disability rating.
- Functional Impairment: The VA will assess your evidence and C&P exam to establish how the disability affects your daily life.
If you have more than one disability rating, the VA uses the ‘whole person theory’ method to determine your combined disability rating. This method ensures that the total VA disability rating does not exceed 100%, which might happen if they were to just add the individual ratings together. The reasoning behind it is that no person can be more than 100% able-bodied.
How Do I Increase My VA Rating If My Initial Request Is Denied?
Everything we have discussed so far is mostly about supplemental claims, which is the first and most common step to increasing your VA rating. This involves submitting new evidence based on an initial mistake or worsening condition, like updated medical documentation or testimonies from family, your boss, and your doctors. But what is the next step if your request for an increase is denied?
Higher-Level Review (HLR)
A Higher-Level Review is when a more experienced VA reviewer takes another look at your disability claim without considering new evidence. It’s useful if you believe the VA made a mistake in processing your initial claim. The reviewer examines the same documentation from the original submission to see if any errors were made in the decision. You can even request an informal conference to discuss your case directly with the reviewer.
Board of Veterans’ Appeals (BVA)
The Board of Veterans’ Appeals is a part of the VA where you can challenge a denied claim or rating decision. A Veterans Law Judge reviews your case and any new evidence you provide, and they can hold a hearing if you request one. The BVA is a good option for more complex cases, especially if you need to explain your situation further or believe the VA didn’t correctly handle your claim. This process can take longer but offers a more in-depth review.
Court of Appeals for Veterans Claims (CAVC)
The Court of Appeals for Veterans Claims is an independent federal court that reviews decisions made by the Board of Veterans’ Appeals. If the BVA denies your appeal and you still disagree, you can take your case to the CAVC. Here, the judges focus on legal errors rather than reevaluating medical evidence. It’s the highest level of appeal in the VA claims process, and while it’s a more formal legal process, it can lead to a reversal or remand of the decision.
Common Challenges with Rating Increase Requests
Here are some common challenges veterans face when requesting a VA disability rating increase:
- Insufficient Medical Evidence: One of the most common reasons rating increase requests are denied is the lack of updated or compelling medical evidence. Veterans must provide thorough medical documentation showing that their condition has worsened, but gathering the necessary records and reports can be difficult without guidance.
- VA Errors or Misinterpretation: The VA may incorrectly assess the severity of your condition, make mistakes in the review process, or misinterpret your medical records. These errors can lead to an unfair denial or an insufficient increase in your rating, which can be frustrating to address without professional help.
- C&P Exam Results: The results of the Compensation and Pension (C&P) exam carry significant weight in determining your rating. If the examiner does not fully capture the severity of your symptoms or downplays the impact on your daily life, this can result in a lower rating than deserved.
- Complex Appeals Process: If your initial request is denied, navigating the VA’s complicated appeals process can be overwhelming. Each level of appeal, from Higher-Level Reviews to Board of Veterans’ Appeals hearings, has its own rules and requirements, which can be confusing without expert assistance.
- VA “Combined Ratings” Formula: Understanding how the VA combines ratings using its unique formula can be challenging for veterans with multiple disabilities. Veterans often expect a higher combined rating than they receive because the VA doesn’t simply add percentages together, which can result in lower compensation than anticipated.
5 Reasons You Should Hire a Lawyer to Increase Your Rating
Now that you know the five most common challenges with getting a rating increase, here’s why having legal representation is important when seeking a VA rating increase.
- Expert Guidance: A VA disability attorney understands the complex VA rating system and can help you navigate the process effectively. They know what medical evidence and documentation the VA requires and can ensure your claim is presented clearly and thoroughly.
- Identifying Errors: Many rating increase denials happen because of simple errors, such as missing evidence or misinterpreted medical records. An attorney can identify these issues and help you correct them, which increases your chances of success.
- Help With Appeals Process: If your request for a rating increase is denied, an attorney can guide you through the appeals process, including filing for a Higher-Level Review, appealing to the Board of Veterans’ Appeals, or even taking your case to the Court of Appeals for Veterans Claims. Their expertise ensures that each step of the appeal is handled correctly.
- Maximize Your Benefits: Legal representation can help you maximize your benefits by ensuring all your disabilities are properly rated, including secondary conditions or Total Disability based on Individual Unemployability (TDIU). This can lead to a higher combined rating and more compensation.
Less Stress On You: Dealing with the VA can be overwhelming and time-consuming. An attorney takes the pressure off you by handling the paperwork, deadlines, and communication with the VA, allowing you to focus on your health and well-being.
Contact Bartlett Legal Group to Speak with a Passionate VA Benefits Lawyer
Selecting the right legal team to help you increase your VA rating can make all the difference. Let Bartlett Legal Group help you today.
If your condition has worsened or your initial disability rating does not reflect the extent of your impairment, it’s time to contact a VA-accredited attorney. The experienced, compassionate lawyers at Bartlett Legal Group can guide you through the appeal process, help gather evidence, and ensure that your case is presented in the best possible way to maximize your chances of increasing your VA rating.
Let us help you get the benefits you deserve. Call us today to explore your options. The veterans disability attorneys at Bartlett Legal Group are ready to help for a free consultation.
You can call us at 850-332-6434 or schedule your free consultation right on our website.
Questions about Increasing Your VA Rating
How long does a rating increase take?
Please keep in mind that the processing time for a VA disability benefits claim can vary widely, taking anywhere from roughly a hundred days to several years to resolve. Each claim is unique, and the workload of the VA fluctuates, leading to changes in processing times. In general, disability benefits claims require a significant amount of time to be processed.
If you are appealing a denied claim, it can be a lengthy process, depending on the type of appeal. Requesting a simple review of your claim or filing a supplemental claim will take much less time than going through a hearing with the Board of Veteran’s Appeals (BVA) or the Court of Appeals for Veterans Claims (CAVC).
What if my condition worsens?
If your service-connected condition worsens, you can request an increase in your VA disability rating by filing a claim with updated medical evidence showing the progression of your symptoms. The VA will likely schedule a Compensation & Pension (C&P) exam to reevaluate your condition. If the VA agrees that your condition has worsened, they may increase your rating, which can lead to higher monthly compensation. If your request is denied, you have the right to appeal the decision.
What happens if my request is denied?
If your request for a VA disability rating increase is denied, you have the right to appeal the decision. You can file a Notice of Disagreement (NOD) and choose one of several appeal options, such as requesting a Higher-Level Review or submitting additional evidence through a Supplemental Claim. It’s essential to strengthen your appeal with new medical documentation or details that may have been overlooked in the initial claim. If necessary, you can also take your case to the Board of Veterans’ Appeals (BVA) for further review.
Do I need to hire a lawyer to file for a rating increase request?
You do not need to hire a lawyer to file for a VA disability rating increase, as the process is designed to allow veterans to file claims on their own. However, working with a lawyer or accredited VA representative can be helpful if your case is complex or if your initial request is denied. An attorney can assist with gathering medical evidence, ensuring paperwork is properly completed, and navigating the appeal process if necessary. Having legal support may increase your chances of a favorable outcome, especially in challenging cases.
