Why Did the Va Order a Special Review on My Claim

While it can be a hard process, there are a few options to increase your VA disability rating.

What is a VA Disability Rating?

When a veteran applies, and is approved for, VA service-connected disability benefits, the Section of Veterans Affairs (VA) assigns a inability rating based on the severity of the status.

Ratings can range from 0 to 100 percent, in increments of 10 pct.  A rating from 10 to 100 percent qualifies the veteran for monthly compensation.

How VA Assigns Inability Ratings

Inability ratings are assigned based on VA's Schedule for Rating Disabilities.  This schedule assigns a particular rating based on a veteran's symptoms.  If your symptoms match the rating you were given, you lot may not have a potent example for receiving an increased rating.

Still, if your symptoms have worsened and you believe they now autumn under the criteria for a higher rating, filing for an increased rating may be warranted.  Prove such equally examination results or a medical opinion from a dr. tin aid testify VA that your condition has worsened.

Why Might I Want a Higher Disability Rating?

Ultimately, a college disability rating means a greater amount of monthly benefits.

Under certain circumstances, VA may increment a veteran's disability rating in calorie-free of new evidence that their status has deteriorated.  Veterans may also file a claim for an increased rating if they believe that their condition has worsened since they were initially granted their disability rating.

How Practise I Increase My VA Disability Rating?

As mentioned above, VA may increase your rating in certain circumstances.  Still, veterans themselves also have a few options when seeking a college inability rating.  These tin can include:

• Filing an appeal within VA's deadlines
• Filing a new claim for an increased rating
• Filing for TDIU, or total inability based on individual unemployability
• Filing for secondary service connection

#1. File an Appeal to Increase Your VA Rating

When you file an initial claim with VA for service-connected bounty, VA will issue a rating decision either granting or denying your claim.  If VA grants your claim, the rating decision volition as well include an effective appointment and a disability rating.  The constructive date and disability rating will ultimately determine how much compensation y'all take been awarded.

If y'all think the inability rating VA has assigned is too depression, or the effective date is wrong, yous have one year from the date of the notification letter you lot received with the decision to file a Notice of Disagreement for an increased rating in the legacy appeals organization.

When you receive an unfavorable decision under theAppeals Modernization Act, you have three review options to choose from: the college-level review lane, the supplemental claim lane, and the Notice of Disagreement lane (i.e., Appeal to the Board of Veterans' Appeals).

College-Level Review Lane

By choosing this lane, veterans are requesting that the Regional Office (RO) issues another decision based on a higher level of review.  This review is conducted by a more than experienced rating specialist or senior VA employee at the RO who evaluates the veteran's claimde novo (i.e., new look).

In this lane, veterans are non allowed to submit additional evidence in back up of their claims.  Instead, the RO will event a new decision based on the same evidence of record that was bachelor at the fourth dimension of the prior conclusion.

Supplemental Claim Lane

The Supplemental Claim lane allows for the submission of new and relevant evidence.  Furthermore, it is the only lane in which VA has a duty to assist veterans in gathering evidence to back up their claims.  Importantly, veterans will maintain the same effective dates for their claims when submitting new and relevant evidence equally long equally the supplemental claim is submitted within one year of the RO's initial decision.

Notice of Disagreement (i.e. Appeal to the Board of Veterans' Appeals)

In the Notice of Disagreement lane, veterans can appeal their cases directly to the Board following an unfavorable decision from the RO.  Here, veterans are able to skip the second level of review at the RO.  At that place are an additional three lanes at the Board that veterans tin choose from:

Directly Docket

The straight docket is for veterans who do not desire to submit additional evidence to the Board, and exercise not want a hearing before a Veterans Police Judge.  In this docket, the Lath will only look at the evidence that was in the veteran'southward file when the appealed decision was issued.  VA has set a 365-day goal for issuing decisions in the direct docket Board lane, which is projected to exist the fastest among the three options.

Hearing Docket

The hearing docket is for veterans who want to have a hearing before a Veterans Police force Judge.  The only hearing options bachelor to veterans nether Appeals Reform include a videoconference hearing and a hearing at the Board in Washington, D.C.  Travel board hearings, held past Veterans Constabulary Judges at ROs, will simply be available to veterans in the legacy appeals organisation (i.e., the old appeals organization).

Evidence Docket

The evidence docket is for veterans who want to submit additional evidence, simply do non want a hearing.  In this lane, veterans tin can submit additional evidence to the Lath with their Find of Disagreement or inside the ninety days following their Notice of Disagreement submission.

#2. File a Claim to Increase Your VA Rating

The disability rating VA assigns in its initial rating decision may be satisfactory at the time.  But what happens if, later on on, y'all experience that rating is no longer sufficient?

If you are outside of the 1-year appeal window to file a Notice of Disagreement with VA's initial conclusion, perhaps consider filing a new claim for an increased rating.  Y'all can submit whatsoever new documentation or bear witness you have supporting that your service-connected disability has worsened.  VA will treat this as any other claim and issue a rating decision in response.

In the legacy appeals system, the evidence must exist new and material, whereas under the Appeals Modernization Human activity, information technology must benew and relevant.Importantly, the "new and relevant" standard does non impose a college evidentiary threshold than the sometime.  An example of new and relevant evidence may include a medical opinion explaining how your condition has worsened over time.

It is mutual for VA to crave the veteran to undergo a new Compensation and Pension (C&P) examination once a claim has been filed.  Veterans must attend this test, as VA tin can deny the veteran's claim if they fail to exercise and then.  Veterans can besides submit private medical exam results or records to further back up their claim.

Generally, veterans submitting a claim for increased disability compensation should use VA Form 21-526EZ, Application for Inability Compensation and Related Bounty Benefits.

#3. File for TDIU for an Increment in Compensation to the 100% Rate

TDIU, or total inability based on private unemployability, is a do good that allows veterans who are unable to work due to a service-connected disability, or disabilities, to receive disability compensation equal to a 100 percent rating, even if their combined disability rating does not achieve a schedular 100 percent.

Veterans unable to obtain and maintain "essentially gainful" employment due to service-connected weather condition can qualify for Private Unemployability benefits.  A substantially gainful occupation is defined as a job that pays above the poverty threshold.  Marginal employment and protected work environments practice not equate to substantially gainful employment.  An instance of this would exist a family unit business where actress accommodations are made for you, enabling you to proceed working.

Veterans may qualify for Individual Unemployability on a schedular or extraschedular basis if they come across VA'due south requirements.

The schedular requirements for Individual Unemployability are as follows:

• The veteran has i service-connected disability rated at least lx percent disabling; OR
• The veteran has more than i service-connected inability, with i status rated at least 40 percent, and a combined rating of at least 70 percentage.

Veterans who do not meet the above-outlined criteria may qualify for TDIU on an extraschedular footing. To do this, the veteran will need to demonstrate that the VA disability rating schedule does not accurately portray the functional limitations presented past their condition.

To employ for TDIU benefits, veterans must complete VA Class 21-8940: Veteran's Awarding Based on Unemployability and submit it to VA.  This form can be submitted:

• Online
• By mail service or via fax
• In-person at the local RO
• With the help of an accredited representative

Nonetheless, if you already take an increased rating claim pending, y'all exercise non need to file a new claim.

#iv. Filing for Secondary Service Connectedness, Increasing Combined Rating

Veterans can also file a new claim for a secondary service-connected disability.  Technically, this is not an increased rating for an initial disability, but it can withal result in increased compensation.

Secondary claims are ofttimes overlooked.  Many disabilities or treatments for those disabilities can pb to the development of a new condition for which veterans can receive VA bounty.

An example of this would be if a veteran'south service-connected back injury has affected their gait, causing knee joint problems, then they may be entitled to additional compensation for this secondary disability.

Another example would exist if the pain medication a veteran takes for their service-connected back injury causes gastrointestinal issues, then the veteran may be compensated for the gastrointestinal issues.

Is There Anything Else I Need to Know?

Yes.  When y'all inquire VA to take some other look at your disability rating, VA will review yourentire claim file, meaning it does non only look for evidence in support of your claim.  If VA feels your condition has actually improved, or that it initially assigned you also high of a rating, VA reserves the right to subtract your disability rating.

Before filing a claim for an increased rating, practise your research. Talk to your doctor and your attorney near how realistic your request is, and make sure you have show to support your merits for a higher rating.

An accredited representative can assistance to ensure that your claim is strong enough to withstand scrutiny from VA.

Take Questions About Increasing Your VA Inability Rating? Call CCK Today

The VA organization is notoriously tough to navigate, and tin exist frustrating to do information technology on your own.  But the team at Chisholm Chisholm & Kilpatrick LTD is here to assist yous.  We have helped many disabled veterans receive the benefits they rightfully deserve, and we tin put our feel and resources to work for you.

If you retrieve your VA disability rating is too low and that you should be receiving a college disability rating, we may exist able to assist. Call now for a gratuitous evaluation: 800-544-9144.

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Source: https://cck-law.com/veterans-law/how-do-i-increase-my-va-disability-rating/