Requesting a Service-Connected Disability Rating Increase
July 07, 2022
After reviewing and approving a service-connected compensation claim, The Department of Veterans Affairs (“VA”) assigns a disability rating for the veteran’s condition. The rating depends on the severity of a veteran’s disability, ranging from 0 to 100 percent, in 10 percent increments. Those who receive a rating of at least 10 percent are eligible for monthly compensation. Veterans who believe that the VA incorrectly assigned a rating or have experienced a deterioration due to their condition must contact an attorney. Our attorneys are here to help discuss applying for a rating increase and the next steps.
Common VA Service-Connected Disabilities
According to the most recent Annual Benefits, the most common service-connected disabilities include the following types of claims:
- Musculoskeletal: Impacting the knee, cervical strain, and motion of the ankle
- Auditory: Tinnitus, hearing loss, and labyrinthitis.
- Neurological: Paralysis of the sciatic nerve, migraine, paralysis of the median nerve.
- Skin: Scars, eczema, and burns.
- Mental: Post-traumatic stress disorder, major depressive disorder, and chronic adjustment disorder.
- Respiratory: Sleep apnea, allergic rhinitis, and bronchial asthma.
In addition, the VA reports many other conditions that may impact the millions of veterans receiving service-connected benefits.
Assigning VA Disability Ratings
The VA bases claimant’s ratings on the evidence the veteran provides, the results of any VA compensation and pension exams, and other information they receive from other sources. While the VA maintains a duty to assist veterans in developing their claims, in reality, claimants and their attorneys bear the burden of meeting the evidentiary requirements of their applications.
An attorney is a critical resource for initial applications and rating increases. An experienced VA disability attorney can help gather relevant evidence and prepare a compelling case for an increase.
In cases where a veteran has more than one disability, the VA uses the “whole person theory” to evaluate claims and assign ratings. The VA will calculate a combined disability rating by adding veterans’ ratings. In some cases, a veteran’s combined rating may differ from the sum of their respective ratings.
Factors Affecting Monthly Service-Connected Compensation Payments
Some veterans may be eligible for increased payments if they have a severe disability, have a spouse, child, or dependent parent. The veteran’s combined rating is 30% or greater, or the veteran has a spouse with a severe disability. On the other hand, a veteran’s compensation amount may be less than if they receive military retirement pay or disability severance. Further, veterans incarcerated for more than 60 days for conviction of a felony may also experience a compensation reduction.
Decrease in a Service-Connected Compensation
Veterans must know that the VA may engage in periodic reviews of disability claims and ratings. Further, claimants must understand that applying for an increase can result in a decrease in compensation. An attorney can help claimants evaluate and make an informed decision about the best course of action to secure the maximum amount of payment the law entitles.
2022 Compensation Rates for Veterans
Effective on December 1, 2021, the basic rates for monthly payments for veterans alone without dependents are as follow:
- 10%: $152.64/month
- 20%: $301.74/month
- 30%: $467.39/month
- 40%: $673.28/months
- 50%: $958.44/month
- 60%: $1,214.03/month
It is important to note that veterans with a 10% to 20% disability rating will not be eligible for a higher rate even if they have a dependent.
An attorney can help a veteran or eligible dependent determine their rights and remedies for their service-connected disabilities.
Are You Receiving the VA Benefits You Are Entitled To?
If you are a veteran and are wondering if you are eligible for additional VA benefits, reach out to Legal Help for Veterans, PLLC. Our knowledgeable U.S. veteran attorneys will help you with your federal veteran benefit cases.
For example, our firm handles disability claims involving aid and attendance or housebound status, hearing loss, mental health disability, orthopedic disabilities, sexual assault, traumatic brain injury, and VA unemployability. In addition to new claims, our office handles reconsiderations, increases, and appeals.
Contact our office at 1-800-693-4800 to schedule an initial consultation with an attorney on our team.