Increasing An Existing VA Disability Rating

increased va disability rating lawyer

April 04, 2021

Once it has been decided that your disability is indeed service-connected, the VA will assign it a rating based on the severity of the condition. What happens, though, if your disability gets worse sometime down the road? Is it possible to change an existing VA disability rating?

The answer is yes. At any point, after your disability rating has been assigned, there is a path to potentially changing it. If you are unsatisfied with a rating given within the last year, an appeal can be filed. After a year has passed, you can file a claim for an increase if you believe that your condition has gotten worse.

Getting an increased rating is not always easy, as each claim is evaluated individually. There is a chance that your current rating could be lowered upon a thorough review of existing information by the VA. Some tips to boost your chance of having a favorable resolution is key to getting an increased rating:

  • Know VA Guidelines 

Before submitting a claim for an increased rating, you must understand how the VA assigns ratings. For example, the VA considers a range of motion much more than it does pain. So, if you begin to experience increased pain in the knee but can still flex it as much as before, your rating will likely not increase. 

  • Evidence 

You need to provide the VA with sufficient evidence to support your new claim. This should demonstrate how your condition has worsened and under what circumstances. You may need to consult a medical professional who understands your condition and the intricacies of disability to give you a new, or expanded, diagnosis. Once a claim for an increased rating is received, the VA will usually order a new compensation and pension (C&P) exam. 

  • Maximum Ratings 

One exception to raising a rating is if the condition has already been rated at the maximum compensation amount. The VA designated max ratings are a ceiling for benefits for specific disabilities. For example, typically, a veteran will receive no more than a 30 percent rating for knee conditions.

Even if a veteran with a knee condition rated at 30 percent had an increase in pain or loss of range of motion, they would not be eligible for more compensation unless VA revises the schedule of compensation and disability ratings for knee conditions. Remember that a maximum rating could be subject to change if additional complications or symptoms arise and complicate the original diagnosis. 

If you are considering filing a claim for an increased rating or were denied for a higher rating you feel is warranted, Legal Help for Veterans, PLLC can help. Contact our office at 1.800.693.4800 to schedule a consultation or visit us online at https://www.legalhelpforveterans.com/.

Medical Issues / Disability