If you believe that the VA has under-rated you, there is good news. You can file to have your rating increased. This is especially helpful if the condition for which you are rated has worsened since you received your initial veterans disability rating.
Ratings greater than 10% come with monthly compensation for veterans. Ratings range from 0% to 100%, increasing in 10% increments. If you believe your veterans disability ratings is incorrect, there are a few methods by which you can seek to increase your veterans disability rating.
Filing An Appeal
The first option is to file an appeal within one year from the date you received the original decision. You have three options for the appeals process under the Veteran Appeals Improvement and Modernization Act:
- Higher-level review: you’ll request the regional office assign another ratings specialist with more experience review the original evidence submitted for the original decision and conduct a higher-level review of your claim.
- Notice of Disagreement: this is also called an appeal with the Board of Veterans’ Appeals. With this form, you can avoid the higher-level review at the regional office and have three options for filing this appeal:
- Supplemental claim: allows for the submission of new and additional evidence to support your claim when you request a review by the regional office. Your effective date on your original claim will not be affected.
Whichever method you choose, you’ll need to know the requirements and deadlines for each. An experienced veterans disability attorney can help you decide which is right for you and ensure that everything is submitted correctly and timely.
After One Year
If the one-year appeals window has passed, there are other options to seek an increase in your veterans disability rating.
- Total Disability Based on Individual Employability (TDIU): this program is for veterans whose conditions prevent them from supporting themselves with substantial gainful employment (SGA.) If you are approved for TDIU, you’ll have the same benefits as a veteran with a rating of 100%. You become eligible by one of two criteria:
- You have one service-related disability condition that’s rated 60% or more
- You have one service related condition that’s rated 40% or more that’s combined with another condition and equals 70% or more disability
You’ll need to submit medical records and other evidence to show how your disability prevents you from gainful employment. This claim can be made concurrently with your original disability claim or submitted later.
- Secondary Conditions: if one condition does not merit an increase, another condition might, as long as it is service-related. This can be an existing condition or one that develops as a result of the first one. As long as the first condition is service-related, the VA will rate the second condition separately, the use a formula to combine the two conditions for a total rating. The VA doesn’t simply add up numbers to create ratings, its formula ensures that the number will not go over 100%.
It is possible to get higher VA ratings, but you must go through the VA’s process, including gathering medical and other evidence. Errors and missing information can delay your request by months. Work with a veterans disability attorney who understands the process and disability law to make it easier and ensure that all applications and other paperwork are completed correctly and timely.
Herren Law Helps Houston Veterans
Getting veterans disability benefits is a difficult process that takes patience as well as understanding the law. William Herren is a disability attorney who has helped more than 4,000 Houstonians get the benefits they deserve, including veterans. Call The Herren Law Firm today at 713-682-8194 (or use our online contact form) to schedule your free consultation. There’s no obligation, and we’ll take your case on a contingency fee basis, with no up-front charges. You don’t owe a fee until we win your case.
