A United States military veteran with a disability acquired in service may receive monetary benefits from the VA. The VA, or Department of Veteran Affairs, assigns beneficiaries a disability rating in percentage based on the severity of their disability. This article explains how veterans can increase their disability rating and receive more disability benefits.
How the VA Assigns Ratings
The lowest is ten percent, while the highest is 100 percent, representing the impact of the disability on the veteran’s health and life. The higher the veteran’s disability rating, the higher the amount they receive each month, and the more eligible they get for other benefits. There is a significant difference between the percentages—for example, the difference between 10 and 20 percent can be as high as $1,667 yearly.
Furthermore, the VA assigns VA disability ratings according to the department’s Schedule for Rating Disabilities. Thus, it designates ratings for different recognized disabilities, conditions, and symptoms veterans received during service.
Can a Veteran Ask for a Rating Re-evaluation?
A veteran can request a re-evaluation of their disability rating if they believe the VA assigned their rating incorrectly. They can also ask for a re-evaluation if their condition worsened since they left service due to the condition. Rating re-evaluations are typically based on a previously rated condition becoming worse by being incorrectly rated or discovering a new service-connected condition.
Meanwhile, veterans can ask for this re-evaluation at any time; it is a standard re-evaluation request. Nevertheless, requesting within one year of receiving the rating is generally considered an appeal of the VA’s decision.
Seeking a rating re-evaluation: requirements
To start with, a veteran seeking a re-evaluation of their rating must be eligible. That means their condition worsened since the time it was discovered, the VA incorrectly rated it initially, or a new condition has developed. Other scheduler requirements for a rating re-evaluation include:
- The veteran has at least a 60 percent rating of one service-connected disability
- The veteran has more than one service-connected disability, with each being at least a 40 percent rating and both being at least 70 percent
Forms to Fill out and File
The process of seeking the re-evaluation of a rating is complex; the veteran has to file one of two forms. These forms authorize the VA to access their medical records to substantiate the claim of a new condition, for example. The forms to be filled out and filed for a VA rating re-evaluation include:
- Form 21-526EZ – if the veteran was treated by a military or VA health care facility
- Form 21-4142 – if a civilian doctor treated the veteran
Alongside these forms, the veteran must file their medical records to show their claim of significant deterioration of their abilities. Meanwhile, the VA may ask the veteran to undergo a new medical exam; this is often referred to as a C&P (compensation and pension) exam.
The Process
The process of seeking a re-evaluation of a VA rating starts with filing a Notice of Disagreement with the Regional Office. The veteran can file a Substantive Appeal to state their case and prove their claim with relevant evidence.
“Three levels of appeal are available, each of which involves several layers of decision-making that can impact the final decision,” says Veterans’ disability attorney Jan Dils of Fight4Vets. Therefore, you would want to consider your closeness to your one-year appeal window closing before asking for a re-evaluation.
Conclusion
Considering the complexity of appealing a VA rating decision, you might want to consult an experienced Veterans’ disability lawyer in your jurisdiction. Furthermore, let your lawyer handle the appeal while carrying you along; this can increase the likelihood of a successful outcome.
Media Information:
Fight 4 Vets
(877) 554-0102
1108 3rd Ave#301 Huntington, WV 25701
