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By Ryan Bradley 30 Jan, 2023
The Top Three Questions About VA Disability
Attorney Chris Chamber's, blog post entitled
By Chambers Law 07 Mar, 2022
So, your claim was denied. Now what? If your claim was denied and you received a denial letter, there are 3 possible reasons why your claim can be denied by the Veterans Administration office. And, there are also 3 ways to respond. You will be rejected if you do not provide enough proof of your medical condition being related to your time in the military. It is also possible that the VA made a mistake that can easily be fixed. Common mistakes are confused service numbers or someone with a similar or exact name. If the VA has set up a C&P examination for you It’s really important to go. Contact the VA immediately if you have to reschedule your Compensation and Pension Examination. If you missed your C&P Exam you could lose your claim because the VA might believe that you no longer want to pursue your benefits. If you missed your C&P exam, call them right away to reschedule. In response to the letter you can request a higher review, submit additional supporting evidence or request hear with the VA Board Board.
28 Feb, 2022
Service-related disabilities can make it hard for a veteran to keep steady work. Through VA Form 21-8940 , they may be able to apply for more benefits. This is based on their individual unemployability (IU).
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Can I Increase My VA Disability Rating?

It’s normal for disabilities to change over time, and often this involves some worsening of the symptoms. If you are a veteran, you could be entitled to a disability compensation. But what to do if you already have been assigned a VA rating? Is it possible to increase your VA disability rating? Here’s everything you need to know.

Can I increase my VA rating?

Yes. After an initial disability rating has been assigned, it doesn’t mean the number will stay static for the rest of your life.


Your VA disability rating can be changed in order to make sure your compensation fits the current state of your disability. However, not every veteran can ask for an increase in their disability rate, and the specific process will vary depending on your original claim.



If your condition has worsened, you are entitled to a change in your disability rate. An increased rate will allow you to get benefits that will fit your current disability, and provide support to treat possible secondary conditions.


Increasing your VA disability rating: 5 cases that could apply to you

Are you wondering if you are entitled to an increased VA disability rating? Here are some of the more common scenarios:


1. Your condition has deteriorated

Disabilities and medical conditions naturally change over time, and progression is expected in most cases. The VA uses the state of your condition at the time of the claim to assign a rating. So, it’s normal to have to increase your rating if and when your condition worsens.

In order to prove the change, you’ll need strong evidence such as:

  • VA medical and hospital records: Showing the frequency, severity and chronicity of the symptoms.
  • Other medical records: That show your original condition has gotten worse. This includes medical reports, notes from medical professionals, treatment records, etc. If these documents show a direct link between your condition and your military service it makes for a stronger case.
  • Other supporting statements: From friends, family, community members (clergy, coworkers, employers), or law enforcement personnel showcasing the current state of your disability.


What to do: File an increased claim with evidence your original condition has gotten worse.


2. You believe your original VA rating is too low

Sometimes, a VA disability claim gives you a rating lower than expected. Don’t despair: it’s possible to appeal a previous decision. If you have a case dated on or after February 19th, 2019, there’s different reviews you can ask for:

  • Supplemental claim: When you have new evidence for a claim that has been denied, filing a supplemental claim is the best option. You must show there is new evidence in this claim that hasn’t been presented before.
  • Higher-level review: This is when you ask for a senior reviewer to assess your case to spot any errors. Usually, higher-level reviews involve an informal conference with the senior reviewer where you’ll explain your case and the errors you have identified.
  • Board appeal: In this case, a Veterans’ Law Judge will re-evaluate your case and decide if mistakes were made.


What to do: You can only do one of these reviews at once, so choose beforehand then do the corresponding procedure/appeal.


3. New conditions have appeared since your initial assessment

Many times, a pre-existing medical condition can be the root cause of other issues. In other cases, veterans might get diagnosed with service-related conditions after their initial VA disability rating assessment. In these cases, you can file new claims to get support for these new conditions. Depending on your initial claim and the benefits you’ve been assigned, you might need to file a new claim, a secondary service-connected claim, or a special claim.


What to do: Read the official site and get familiar with the requirements for these new types of claims. It can be a lot to take in, so don’t be afraid to reach out to specialists.


4. You have difficulty keeping or getting employment

Some veterans are entitled to an increased compensation based on unemployability. This means that a disability linked to service prevents you from finding or keeping a job to provide for yourself and your household. Many times, this can only be proven after your initial claim has been filed, which would ultimately increase your VA benefits.

In these cases, you could be entitled to individual unemployability benefits if:

  • You have been recognized with at least one disability linked to your time in service and at the qualifying percentage
  • You can show inability to obtain or maintain gainful employment due to your condition
  • You can show other supporting documents such as employment records, statements from medical professionals and/or community members, proof of your current disability benefits, etc.


What to do: Apply for individual unemployability benefits through VA Form 21-8940. This will start a process involving several interviews with you, previous employers, and others that can support your case.


5. You’re wondering if you’re entitled to the Special Monthly Compensation

Also called SMC, the Special Monthly Compensation is paid on top of any VA disability compensation you could be getting. This compensation scheme is only available to veterans who lost or lost use of specific organs or extremities while in duty.

If you qualify for SMC, the amount will be automatically added to your monthly payments, so there is no specific application for it.


What to do: If you think you’re entitled to this or you think you’ve been incorrectly categorized, call the VA benefits hotline (here) to get more information.

What to do if I want a review of my current VA disability rating?

If any of the above cases apply to you, there are several possibilities:


  • Increasing your VA disability rating: If you are already receiving VA disability benefits, getting an increase is possible. This can be done by either filing a claim for increased benefits on a diagnosed disability or adding a new claim to your original file. The specific path needs to be determined based on your original case, rating and the new evidence of your condition(s).
  • Appeal a prior decision on your VA disability rating: If you’ve been assigned a VA rating that you consider unfair, or your claim has been denied altogether, it can be a very frustrating process. Fortunately, you can appeal a previous decision. This can be done either through an appeal (up to 1 year of receiving the result) or by filing a supplemental claim if you have new evidence to support your case.
  • Request a higher-level review of your case: This is a formal request of your case by a senior reviewer, usually only done after you’ve gone through other claims. The reviewer will read over your case and flag possible mistakes or differences of opinion. Depending on the result, this could change the outcome of your claim.



PRO TIP: Some of these appeals to a VA disability rating have specific deadlines. If you’re considering asking for a review of your case, it’s important to start the process as soon as possible to avoid missing important dates.


How to prepare an application to increase my VA disability rating?

The specific path to follow will depend on whether you are filing a new claim, asking for a review or appealing a previous decision. However, the general steps of the process look more or less like the following:


Step 1. Gather your evidence

You will need strong evidence to prove you qualify for an increased disability rating. This usually means medical and/or hospital reports, statements from people close to you and other documents that support your case. Generally speaking, you need to show the frequency, severity and chronicity of your symptoms. Information about when your symptoms started to worsen are also key when increasing your VA disability rating.


Step 2. Identify your disability or disabilities

Depending on your symptoms you’ll need to figure out which disability you qualify for. You might be applying for an increase in a disability that has already been recognized, in which case the type doesn’t change. If you’re claiming a new condition (either related to service or linked to the original claim), you might need to identify new disabilities.


Step 3. Create your application

Once you’ve decided what claim you’ll be filing, it’s time to put together your actual application and create a strong case. It’s very important to identify and fill out the correct forms. Plus, depending on your case, you might need additional forms (for example, to ask for a clothing allowance), letters explaining your situation or extra supporting documents.


Any mistakes in your application will make the process slower and could potentially weaken your case, so don’t rush the application. Read over everything and if possible, have a second person double-check your case.


PRO TIP: All documents included in your application need to be properly organized and complete. Also, double-check that you’re using either originals or certified copies to make the assessment process faster.


What if I need help with my application?

Any individual can file their own VA application by going directly to the site. However, it can be an overwhelming, time-consuming process, particularly if you’ve never filed it before. Teaming up with an expert can make the entire process faster and less stressful.


We’ve been helping veterans with their VA disability applications for years, and our team would be happy to help you. Contact us for a free VA disability consultation: we’re on call and ready to answer any questions about the process!

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