Many medical conditions tend to worsen over time. If you are already receiving disability benefits from the VA, you have the right to request an increase in your rating if your condition worsens your overall health. Before proceeding with a request for a disability rating increase, it’s crucial to understand the VA’s processes thoroughly by being prepared for various possible outcomes, both favorable and unfavorable, that you may encounter during this process.

Exploring Paths for Veterans Seeking Enhanced Disability Benefits

1. Requesting Compensation for a New Disability:

Veterans typically pursue this action when they are already receiving VA disability benefits or have previously filed a claim that was denied. For instance, if a veteran initially received disability compensation for a military-related back injury but later on experiences hearing problems, they can file a new disability claim with the VA.

It’s important to note that certain disabilities may have specific time limits, and thorough inspection, similar to any other VA disability application, is essential in such cases. This process allows veterans to address evolving health issues related to their military service and seek apt compensation for their conditions.

2.  Filing for an increase to an Existing Disability:

As time passes, veterans may experience the deterioration of their service-connected disabilities, resulting in increased pain, new symptoms, or the emergence of additional health issues. For instance, a service-related back injury might lead to favoring one leg, eventually causing knee pain.

To initiate the process for an increased disability rating, veterans generally follow the same procedure as their initial compensation claim. Medical proof indicating the worsening of the condition is crucial and can come from either a VA doctor or a private practitioner.

The request for an increase can be submitted through VA.GOV or by completing VA Form 21-526b. When relying on medical information from a private doctor, veterans should submit VA Form 21-4142, which authorizes the sharing of medical records with the VA.

For those receiving care through the VA’s Community Care program from civilian doctors, the necessity of VA Form 21-4142 may vary but having it on file is a wise decision to facilitate the process.

3. Disagreeing with the VA’s Decision:

If you’re dissatisfied with the VA’s disability decision, you can initiate an appeal by submitting a “Notice of Disagreement.” This appeal can be filed if you believe your disability rating is too low or if the VA has denied your disability claim.

It’s important to note that you can appeal any decision made by the VA, whether it’s the initial rating or subsequent ones. This process allows veterans to challenge and seek a re-evaluation of their disability ratings when they believe it doesn’t accurately reflect their condition or the impact of their service.

Benefits of Increasing the VA Disability Compensation?

Seeking a higher VA Disability rating can offer veterans maximum benefits:

1. Higher monthly compensation contributes to improved financial stability and improved quality of life.
2. Access to additional benefits such as vocational rehabilitation, adaptive equipment, and caregiver support.
3. Eligibility for Total Disability based on Individual Unemployability (TDIU) for those who are unable to maintain considerably profitable employment due to service-connected disabilities.
4. Ability to obtain specialized medical treatment and services.
5. Increased likelihood of obtaining Social Security Disability benefits.
6. Potential tax benefits.
7. Protection from garnishment of VA disability compensation.

What happens when you file for an Increase in VA Disability Compensation? 

Seeking an increase in your VA disability compensation essentially reopens your claim for re-evaluation, which carries the possibility of the VA lowering or even terminating your existing disability rating. Therefore, thorough preparation is crucial before filing. 

If you’ve held your VA disability for over five years, the VA must demonstrate that your illness or condition has significantly improved and will remain stable to reduce or terminate your rating.

For those with a disability for a decade or more, benefit termination is exceptionally rare, typically requiring proof of false claims. However, reductions may still occur.

Once you’ve maintained a disability for 20 years, the VA won’t lower your rating below the lowest received during that time.

Additionally, missing a scheduled disability rating medical exam can lead to compensation reduction or termination. Expect a lengthy process involving extensive documentation and form completion, with online submissions often being more convenient. Be prepared for several months of waiting for the VA’s final decision on your claim.

When would you need the help of an Attorney?

In certain situations, veterans may consider hiring the services of a VA-accredited attorney to increase their VA Disability Compensation claims. 

These professionals can provide expertise in the following scenarios:

1. 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.

2. 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.

3. Inadequate Rating Disputes: 

If a veteran disagrees with the assigned disability rating for their service-connected disabilities, an attorney can assist in obtaining additional medical proof and filing a request for a rating review.

4. 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 basic profitable  employment.

5. 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.

Maximizing your VA Disability Compensation is a crucial step towards securing your financial stability and well-being as a veteran. By understanding the claims process, gathering compelling evidence, and staying informed about updates, you can navigate the system effectively.

Remember that seeking assistance from accredited professionals and veterans’ organizations can make a significant difference in your journey to receive the compensation and recognition you rightfully deserve.