If you’re a veteran who is already receiving VA disability compensation but your service-connected physical or mental condition has worsened, you may be eligible to file for an increased rating. Whether your symptoms have deteriorated over time or new complications have arisen, you have options to request a higher rating to reflect the current severity of your condition.
In this blog, we’ll walk you through how to file for increased ratings for both physical and mental health conditions, including different types of filings, the appeals process, and how to determine your next steps based on your current rating and whether you are within the appeal window.
Why File for an Increased Rating?
VA disability ratings are based on how much your service-connected conditions impair your ability to work and engage in daily activities. However, conditions can worsen over time, and if your current rating no longer reflects the extent of your disability, you have the right to request an increased rating. This applies to both physical disabilities (e.g., back injuries, joint pain, or respiratory issues) and mental health conditions (e.g., PTSD, depression, or anxiety).
Common Reasons to Seek an Increased Rating:
- Worsening Symptoms: Your condition has deteriorated, and you now experience more severe pain, mobility limitations, or mental health challenges than when your initial rating was assigned.
- New Complications: A service-connected condition has led to secondary conditions that further impair your ability to function.
- Increased Impact on Daily Life: You now require more treatment, medical care, or accommodations to manage your condition, affecting your quality of life and work capacity.
Example:
A veteran with a 30% rating for PTSD may notice a significant increase in the severity of their symptoms, including frequent panic attacks, severe depression, or the inability to maintain social relationships. These changes may warrant an increased rating.
How to File for an Increased Rating
Filing for an increased rating involves providing the VA with updated medical evidence that shows how your condition has worsened since your last evaluation. There are different types of filings based on your current rating and whether you are within the appeal window (typically one year from the date of the VA’s decision).
Filing Options for an Increased Rating:
- File a New Claim for Increased Rating:
If your condition has worsened but you are outside of the appeal window, you can file a new claim for an increased rating. This involves submitting updated medical records that document the progression of your symptoms and their impact on your daily life and ability to work. - Request a Higher-Level Review (Within the Appeal Window):
If you are within the one-year appeal window from your initial rating decision and believe the VA did not properly evaluate the evidence or made an error, you can request a Higher-Level Review. This allows a senior VA adjudicator to review your case without submitting new evidence. The goal is to identify any mistakes made in the original decision. - File a Supplemental Claim (Within the Appeal Window):
If you are still within the appeal window but have new and relevant evidence that was not considered in your initial claim, you can file a Supplemental Claim. This option allows you to submit updated medical evidence showing the worsening of your condition, such as new diagnostic tests, treatment records, or doctor’s statements. - File a Notice of Disagreement (NOD) and Appeal to the Board of Veterans’ Appeals (BVA):
If you disagree with the VA’s decision and want to present your case to a judge, you can file a Notice of Disagreement (NOD) and appeal to the Board of Veterans’ Appeals (BVA). This is often the best option if you feel that the VA significantly undervalued your condition or if your case is complex and would benefit from a hearing.
Example:
A veteran who received a 20% rating for a service-connected back injury two years ago and is now experiencing increased pain and mobility issues can file a new claim for an increased rating, submitting updated medical records that show their worsening condition.
Evidence to Strengthen Your Increased Rating Claim
To successfully obtain an increased rating, you need to submit comprehensive and updated medical evidence that shows how your condition has worsened. Whether you’re filing a new claim or pursuing an appeal, the strength of your medical documentation will play a significant role in determining your outcome.
Key Evidence to Include:
- Updated Medical Records: Provide recent medical evaluations, diagnostic tests, and treatment notes that show the progression of your physical or mental health condition.
- Specialist Reports: Seek evaluations from specialists who can provide more detailed assessments of your condition, particularly if it has worsened or led to complications.
- Functional Impact Documentation: If your condition affects your ability to perform daily tasks or maintain employment, provide records that document these limitations. This could include employment records, lay statements from family members or coworkers, or reports from vocational experts.
Example:
A veteran seeking an increased rating for degenerative disc disease may submit MRI results showing worsening disc damage, doctor’s notes documenting increased pain and limited mobility, and a letter from their employer detailing how their back condition has led to missed workdays or reduced job performance.
Filing for Increased Ratings for Mental Health Conditions
For veterans with mental health conditions such as PTSD, depression, or anxiety, seeking an increased rating often involves demonstrating how your symptoms have intensified and how they now interfere more significantly with your social relationships, work, and daily life.
How the VA Rates Mental Health Conditions:
The VA rates mental health conditions based on the level of occupational and social impairment caused by your symptoms. Ratings range from 0% to 100%, with higher ratings reflecting more severe symptoms and a greater impact on daily functioning.
- 10% Rating: Mild symptoms that cause occasional impairment but do not significantly interfere with social or work relationships.
- 30% Rating: Symptoms that cause intermittent impairment, such as anxiety or depression that affects work efficiency during periods of significant stress.
- 50% Rating: Symptoms that result in reduced reliability and productivity, such as frequent panic attacks, difficulty understanding complex commands, or trouble maintaining social relationships.
- 70% Rating: Symptoms that cause deficiencies in most areas of life, including work, family relationships, and social interactions, such as suicidal ideation, near-continuous panic or depression, and impaired impulse control.
- 100% Rating: Total occupational and social impairment, such as severe cognitive or behavioral symptoms, persistent delusions, or the inability to perform daily tasks or communicate effectively.
Example:
A veteran with a 50% rating for PTSD who now experiences near-constant panic attacks, severe depression, and significant social isolation may file for an increased rating, aiming for a 70% or 100% rating based on their current symptoms.
Appeals Process for Increased Rating Denials
If the VA denies your request for an increased rating or assigns a rating lower than you believe is warranted, you have the option to appeal. Here are the steps you can take depending on your situation:
1. File a Higher-Level Review:
If you believe the VA made a clear error in its evaluation, request a Higher-Level Review to have a senior adjudicator review your case. This is a good option if no new evidence is available, but you feel the VA misinterpreted the original evidence.
2. File a Supplemental Claim with New Evidence:
If you have additional evidence that wasn’t submitted with your initial claim (e.g., updated medical records, new diagnostic tests, or lay statements), file a Supplemental Claim. This gives the VA a chance to review your new evidence and reconsider your rating.
3. Appeal to the Board of Veterans’ Appeals (BVA):
If you believe a hearing is necessary or want a judge to review your case, you can file a Notice of Disagreement (NOD) and appeal to the BVA. The BVA can review your case, hold a hearing if requested, and issue a new decision.
Example:
A veteran with a 40% rating for a service-connected knee injury who is denied an increased rating despite worsening symptoms may file a Supplemental Claim, submitting updated medical evaluations from an orthopedic specialist and lay statements from coworkers detailing the impact of their condition on their ability to work.
VA Statistics on Increased Rating Claims
- High Frequency of Increased Rating Claims: Many veterans file for increased ratings as their conditions worsen over time. According to VA data, more than 25% of disability compensation recipients file for increased ratings at some point.
- Appeal Success Rates: Veterans who provide new and relevant evidence during an appeal, such as additional medical records or lay statements, have a higher success rate in securing a favorable outcome.
Common Mistakes to Avoid When Filing for an Increased Rating
- Failing to Provide Updated Medical Evidence: One of the most common reasons for a denied claim is the lack of recent medical records. Ensure that your evidence reflects the current severity of your condition.
- Not Including Lay Statements: Lay statements from family, friends, or coworkers can provide a personal perspective on how your condition affects your daily life. Many veterans overlook this valuable evidence.
- Missing Deadlines for Appeals: Veterans have one year from the date of their decision to file an appeal. Missing this deadline can result in delays or lost benefits, so stay on top of VA timelines.
Let Disability Law Group Help You File for an Increased Rating
If your service-connected physical or mental condition has worsened, you may be entitled to an increased disability rating. At Disability Law Group, we specialize in helping veterans file for increased ratings, navigate the appeals process, and gather the necessary evidence to secure the benefits they deserve.
Whether you’re filing a new claim or appealing a decision, our experienced attorneys can guide you every step of the way. Contact us today for a free consultation, and let us help you maximize your VA disability compensation.
