The Veterans Administration uses a rating system to determine how “disabled” someone from injuries received during military service. This is the Veterans disability rating that can be inaccurate at times if not properly performed. Your rating determines your monthly disability payments, so it’s important that you’re accurately rated for your condition.
Injuries and/or illnesses must be acquired (or aggravated) during your military service to qualify. Many service-related injuries and illnesses may increase over time, increasing your current disability.
How The VA Determines Disability
The VA uses the Schedule of Ratings Disabilities for baseline criteria to determine the percentage that a veteran is disabled. Originally created in 1945, the Schedule is being updated, taking into account the advances in medicine and treatments that are available now.
Before you begin, find out for sure what your current disability rating is now. You may have a letter from them, but you can also research it at the VA’s eBenefit website.
Re-examinations may be required to verify the continuance of your disability. Your ratings may be changed based on these new medical exams.
Type Of Requests
If it has been less than a year since you’ve been awarded benefits, you should file an appeal of your original decision.
If your benefits were awarded more than a year ago, the process for increasing or correcting your disability rating is simpler. Use the VA’s online form 21-526 EZ to start the process. You also can apply in person from a VA regional office, state or county veterans affairs office. Help is also available from accredited veterans assistance organizations. Fill out Form 21-526b, Veteran’s Supplemental Claim For Compensation, if you’re not going online.
Medical Evidence
Before you begin, acquire a copy of your VA claim file. You need to see what’s in it before you proceed. If your claim has been denied, you may find the reason for it, as well as what’s missing in order to re-evaluate your claim.
Make sure that your all of your medical evidence backs up your claim; the VA won’t just take your word for it. Much of it may be in your claim file.
If you’ve been treated by the VA, you’ll need to include the name of the facility where you’ve been treated for your disability. (This includes both VA and military medical facilities.) If your treatment is from private doctors, hospitals and clinics, you will need Form 21-4142 along with your medical records.
Consider Potential Outcomes
Understand that if you request the VA re-evaluate you for a re-rating, they will re-examine your entire case. They may find errors in the original evaluation, and your rating could also be downgraded, leading to a reduction in your disability payments.
That’s not to say that you shouldn’t consider requesting a re-evaluation. You must file based on an increase in your disability not a need for increased benefit payments. Be aware of the possibility of a reduction, and do whatever you can to win an increase. If your claim is denied, you can file an appeal.
The VA does make mistakes. But just because you’ve been told “no” doesn’t mean it’s all over. You have rights, and The Herren Law Firm stands ready to help.
Overwhelmed?
Dealing with the VA can be an exhaustive process. You don’t have to do this alone. The Herren Law Firm have helped over 4.000 Houstonians get the veteran’s benefits they deserve. Contact us today at (713) 682-8194 or (800) 529-7707 for a free consultation for help with a VA claim. Our contingency fee arrangement means you won’t owe us anything unless we win your case.