File For A Secondary Service Connection
Secondary service connections refer to conditions that have been caused or exacerbated by a condition for which a veteran has been awarded a VA disability rating. If a 100% rating or TDIU are not realistic options for you, and claims or appeals have done nothing to sway VAs original rating for your PTSD, consider if your PTSD has caused any other psychological or physical ailments for which you can prove the connection. You can submit a new claim for benefits with proof of your diagnosis and a nexus statement to connect the two conditions.
How Do Ratings Work For A Disability I Had Before Entering The Service That Got Worse Because Of My Service
If you get disability benefits for a preservice disability, we base your monthly compensation amount on the level of aggravation. Level of aggravation means how much worse your preservice disability got because of your military service.
For example: If you had an illness or injury that was rated as 10% disabling when you entered the military, and it became 20% disabling due to the effects of your service, then the level of aggravation would be 10%.
Increase Va Disability Rating Tip #: Focus On High Value Va Disability Claims
A High-Value VA Claim is a disability or condition with a HIGH likelihood of getting rated at 30% or higher on its own.
Focusing on High-Value VA disability claims is a great way to increase your VA disability rating in less time.
These includeVA claims such as Mental Health Conditions , Sleep Apnea Claims, Migraines, and Respiratory Conditions , among others.
Versus a Low-ValueVA Claim, which is a disability or condition with a LOW likelihood of gettingrated at 30% or higher on its own.
These includeVA disability claims like Tinnitus, Hearing Loss, Scars, and MusculoskeletalConditions.
What is the VAs Fuzzy Math?
Veterans must understand that theyre battling against the VAs fuzzy math calculation when trying to increase their service-connected VA rating.
If youre tryingto go from 70% to 100% or 80% to 100%, you must layer in some High Value Claimsor increase the VA rating on conditions already service connected, otherwise,you simply cant get there mathematically.
VA disabilitiesare NOT cumulativeinstead, they are factored into each other, in order, fromhighest VA rating down to lowest rating, and multiplied against one another todetermine your overall combined VA disability rating.
If you havemore than one disability rating from the VA, you can use the VA DisabilityRating Calculator to compute your combined rating in two simple steps.
> > Click HERE to access the VA Compensation Calculator now. < <
60% of yourbody is disabled, which leaves or 40% healthy.
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What Is A Disability Rating
We assign you a disability rating based on the severity of your disability. We express this rating as a percentage, representing how much your disability decreases your overall health and ability to function.
We then use your disability rating to determine your disability compensation rate, so we can calculate how much money youll receive from us each month. We also use your disability rating to help determine your eligibility for other benefits, like VA health care.
How To Receive An Increased Va Disability Rating
When you are approved for disability benefits from the United States Department of Veterans Affairs , you will receive a percentage rating that reflects the severity of your condition. Ratings range from 0% to 100% in 10% incrementswith higher ratings resulting in additional monthly compensation. If your level of impairment has increased, you may be entitled to a higher disability rating.
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How To File An Appeal
When you file an initial claim, one of two things will happen. The VA will either grant or deny your claim. If the VA grants your claim, the rating decision will also include an effective date and a disability rating. If you think the disability rating VA has assigned is too low, or the effective date is incorrect, you have one year from the date of the notification letter you received with the decision to file a Notice of Disagreement. This would be an increased rating within the legacy appeals system if you received an appeal before February 15, 2019. The Notice of Disagreement should be filed on VA Form 21-0958. This form is the only way you can appeal a denial of your disability claim. Previously, you could file a Statement in Support of Claim.
Should you receive an unfavorable decision, you will have review options under the new appeals process: higher-level review or supplemental claim, and/or Notice of Disagreement lane .
How Va Assigns Disability Ratings
Disability ratings are assigned based on VAs Schedule for Rating Disabilities. This schedule assigns a particular rating based on a veterans symptoms. If your symptoms match the rating you were given, you may not have a strong case for receiving an increased rating.
However, if your symptoms have worsened and you believe they now fall under the criteria for a higher rating, filing for an increased rating may be warranted. Evidence such as test results or a medical opinion from a physician can help show VA that your condition has worsened.
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Increasing A Va Disability Rating
A veterans service-connected disability can worsen over time and may ultimately require more medical treatment or cause additional functional impairment. However, the Department of Veterans Affairs might refuse to increase a former servicemembers disability rating without proper evidence. Alternatively, VA may have awarded you a lower disability rating than what you are entitled to.
If VA denied your claim for an increased disability rating, you should meet with a lawyer from VetLaws team. We can assist you with increasing your current VA disability rating and reviewing your recent medical records and can help you determine the best path to move forward and obtain the benefits you need.
How To Increase Your Va Disability Rating
Home » Veterans Benefits Lawyers » How to Increase Your VA Disability Rating
If you suffered a disability as a veteran and, over time, your condition has grown worse, you may be able to increase your VA disability rating. If you have filed for an increase in your disability rating and have been denied one of our skilled VA benefits attorneys can evaluate your case.
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About Va Claims Insider
VA Claims insider is an education-based coaching/consulting company. Were here for disabled veterans exploring eligibility for increased VA disability benefits and who wish to learn more about that process. We also connect veterans with independent medical professionals in our referral network for medical examinations, disability evaluations, and credible independent medical opinions and nexus statements for a wide range of disability conditions.
Increasing The Rating For A Current Service
Because most injuries and illnesses change over time, the Veterans Administration allows Veterans to file for an increase in certain disability ratings. It is important to note that the VA will not automatically adjust a Veterans compensation if his or her condition worsens the Veteran has to actively file for an increase, even if it is clear to the VA that the conditioned has worsened.
The effective date is an important concept in all claims, especially claims to increase an existing rating. When a claim is successful, the back pay will date back to the effective date of that particular claim. Generally, the effective date is the date from which VA benefits are paid. It is the date that entitlement to the higher rating arose or the date the claim was filed, whichever one is later. The earlier the effective date, the larger the back pay. Regarding increased rating claims, the effective date can be the date the condition worsened to a level worthy of an increased rating, even if the claim was filed later, as long as the claim, or an Intent to File, is filed within one year of this worsening. The usual way to show that a conditioned has worsened is a record of hospitalization or examination, thus making the date of hospitalization or examination the date the conditioned worsened. It is possible, however, to show that the condition worsened by way of lay statements or other evidence. Below are a series of examples to illustrate the concept of effective date and back pay:
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Determine What Requests Youll Need To Make
Youll need to request a reconsideration from the VA if its been more than a year since you were awarded VA disability benefits. Our lawyers will be able to help you fill out VA Form 21-526EZ, which is needed to do this.
If its been less than a year since you were awarded VA disability benefits, youll need to file an appeal. Our VA disability lawyers will be able to help you with the multiple requests needed to appeal your disability rating.
Increasing Your Va Disability Rating From 80% To 100%
Generally, increasing a disability rating from something as high as 80% to 100% can be difficult unless there are special circumstances that justify this. The VAs technique in determining your combined rating, discussed above, is called pyramiding.
Because of how your rating is calculated, the higher rating you receive, the harder it is to earn an increased rating.
However, if you feel you can prove your combined rating should be higher than it currently is, it is always worthwhile toseek the increased rating through a supplemental or additional claim with the VA.
There are several circumstances that would warrant a ratings increase:
When seeking an increased disability rating, a qualified attorney can guide you through the process and give you the best chance of winning the additional benefits you deserve. An attorney will advocate for you and represent you during court hearings should you need to appeal for a higher rating.
If your VA Disability claim has been denied, or youre thinking about filing and dont know where to start, Affleck & Gordon can help. Weve been helping people in Georgia just like you for decades. Sign up for a free case evaluation here, or call us 795-7165.
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How To Increase Veterans Affairs Disability Ratingand Compensation
A disabled veteran who is receiving benefits may ask the VA for a review of their disability rating at any time. However, the timing of the rating request is important.
A veteran can seek either an initial rating increase, or a noninitial rating increase. Understanding the difference between the two types of increases is important because it can greatly affect the amount of backpay a veteran receives if an increased rating is eventually granted.
If it has been less than a year since the VA has granted service connection for disability benefits, and the veteran believes the rating assigned with the grant of benefits was too low, then the veteran can appeal the decision that granted service connection through one of the multiple appeal options available . This appeal is treated as a request for an increased initial rating. The evidence relevant to this type of appeal will show the severity of a veterans disability from the time service connection was granted through the present. If an increase is awarded, it should be backdated to the original effective date the VA assigned when it granted service connection.
How To File A Va Claim For Presumptive Disability Conditions Online
Simply login to your VA.gov account and click File a claim for compensation.
Next, click the radio button that says: Im filing a claim for a new condition or for a condition thats gotten worse.
Finally, click radio button for service connection that says: My disability was caused by an injury or exposure during my military service.
Before you submit your presumptive disability claim, make sure youve uploaded all supporting evidence necessary for the VA Rater to decide your claim.
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Consider The Possible Consequences
When you ask the VA to increase your disability rating, they will review your entire file. They could decrease your benefits if they determine that your condition has gotten better or that a mistake was made in the initial determination of your disability benefits. Before deciding whether to request an increase, you should consult with your physician and an experienced VA disability lawyer.
Qualifying Circumstances For An Increased Disability Rating
A veteran who believes that their assigned disability rating does not adequately represent their impairment should challenge VAs decision with the help of an attorney. If the local VA office rated the applicants disability too low or their condition has worsened over time and now warrants a new rating, they should consider appealing the assigned rating.
Veterans who are unable to work as a result of their service-connected disabilities may qualify for a total disability rating based on individual unemployability . Former servicemembers who feel that they are not receiving the benefits they deserve should consult with a VA-accredited attorney for help with increasing their disability rating, including the possibility of obtaining TDIU.
Since there are specific guidelines for each disability rating which differ for each medical condition, it is important to carefully review your medical records before applying for an increased rating or appealing the rating assigned. We can advise you on how to best prepare an appeal for an increased VA disability rating.
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How To File A New Va Claim For Secondary Service Connection Online
Simply login to your VA.gov account and click File a claim for compensation.
Next, click the radio button that says: Im filing a claim for a new condition or for a condition thats gotten worse.
Finally, click radio button for service connection that says: My disability was caused by another service-connected disability I already have.
Before you submit your secondary disability claim, make sure youve uploaded all supporting evidence necessary for the VA Rater to decide your claim.
About Va Disability Ratings
We assign you a disability rating based on the severity of your service-connected condition. We use your disability rating to determine how much disability compensation youll receive each month, as well as your eligibility for other VA benefits. If you have multiple disability ratings, we use them to calculate your combined VA disability rating. Calculating your combined disability rating involves more than adding up your individual ratings. Thats why your combined rating may be different from the sum of your individual ratings.
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Who Va Form 21
VA instructions on this form advise those submitting a claim for increased disability compensation or for those who disagree with an evaluation decided more than one year ago to complete and submit VA Form 21-526EZ, Application for Disability Compensation and Related Compensation Benefits. But not all can use this form.
Those who disagree with a VA evaluation decided within the past year and have new and relevant evidence OR for those who need to file a supplemental claim, will need to file VA Form 20-0995, Decision Review Request: Supplemental Claim.
Increase My Va Disability Rating Tip #: You Must Go To Your Va Compensation And Pension Exam
After you file your VA disability claim, chances are youll be contacted and scheduled for one or more C& P exams with contracted VA examiners who work for LHI, VES, or QTC.
Contrary to what you might have heard, you MUST go to your C& P exams.
If you miss your C& P exam, the VA Rater has the authority to deny your claim outright.
If the scheduled date and time for your C& P exam doesnt work for you, make sure to call the contractor back right away , speak to an agent, and ask for a different date and time for your appointment.
Why does the VA schedule veterans for Compensation and Pension exams?
The VA schedules one or more C and P exams to obtain the following information for your VA claim file:
- Medical evaluation by a healthcare provider who completes the online DBQ for the disability in question
- C& P examiner will make or confirm a medical diagnosis of a disability condition
- When did the veterans symptoms begin, and is there a clear Nexus, which means link or connection?
- The C& P examiner will give his/her medical opinion for service connection
- How bad are the veterans symptoms today to include pain, any limitations, and functional impairment or loss?
- Is the veteran telling the truth?
By the way, the C& P exam is the #1 most important day in the entire VA disability claims process.
Why?
Because VA Raters rely solely on the results of your C& P examsadly.
And you must be ready to FIGHT BACK if you get a bad C& P examiner.
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Va Disability Ratings Are Not Always Permanent
Many disability ratings are temporary. The VA retains the right to reexamine your disability rating at any time. If they wish to reexamine you, you will receive a Notice of Reexamination letter in the mail which will include a scheduled appointment date.
Make sure you attend this appointment or reschedule, as the VA can reduce or terminate your benefits rating if you fail to attend this scheduled appointment. After the VA reexamines your condition, they will make a recommendation to increase, decrease, or leave your benefit at its current rating.
There are times when your ratings may be protected, based on the type of disability, how long you have held the rating, your age or other factors.
Heres more information on VA disability reexaminations and benefits reductions.
How To Increase Your Rating
Unfortunately, many veterans received a VA disability rating for PTSD that was too low to start. However, if it has been less than a year since the date the decision on your PTSD rating was made, you are eligible to appeal that decision and request a decision review. In order to accurately portray the severity of your PTSD in order to increase your disability rating, you can focus on several factors during your decision review, such as:
- The occupational impacts you have incurred as a result of your condition. The foundation of all VA disability claims is to show how your disability has impacted your ability to work and earn a living. Providing documentation or information that reveals that the frequency and severity of your PTSD symptoms has impacted your ability to work will often result in a higher rating.
- Statements from family, friends, or even your employer that substantiate a claim that your PTSD symptoms have worsened over time or were more severe than originally documented.
- Obtaining a Total Disability based on Individual Unemployability , which is a 100% disability rating that is provided if the VA determines that a veteran is unable to work due to a service-connected condition. You can obtain a TDIU rating by applying for an increase in compensation based on unemployability by filing VA Form 21-8940, a formal request for VA Individual Unemployability.
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