Most veterans who contact us have received a denial of service connection or a low disability rating from VA. Many other veterans contact us because they have a service-connected and rating for a medical condition, but that medical condition has now worsened.
Often, veterans have developed another medical condition because of their service connected medical condition. In all of these situations, veterans usually are entitled to a higher overall disability rating which will pay an increased monthly benefit amount.
How to get a higher VA disability rating in your initial application
Filing a notice of disagreement
Many veterans consider filing a notice of disagreement when VA denies service connection for a particular medical condition. However, not as many veterans consider filing a notice of disagreement when VA grants service connection but gives a low rating.
You should always consider filing a notice of disagreement if you receive a rating decision:
Denying service connection; or
Granting service connection but giving too low a rating.
Filing a notice of disagreement preserves your rights and allows your claim to be reconsidered. If service-connection was not granted by VA, that can often be corrected by filing a notice of disagreement. If the disability rating given by VA was too low, that can also be corrected.
VA often makes errors in its rating decisions. But, if a notice of disagreement is not filed on time, you will give up the right to appeal that denial. While VA disability claims can usually be reopened later, you almost always will give up your right to any accrued disability benefits. Many times, these accrued benefits can be tens of thousands of dollars.
Getting a higher disability rating after your initial application
Even after the your initial claims have been finally decided, you can still get higher disability ratings from VA. There are three main ways to do this:
Proving that your initial disability rating has increased
Filing for service connection for another condition
We have spoken to a number of veterans who did not realize they could file for an increased rating. A veteran is eligible for an increased rating when a service connected conditions worsens to the point that it would entitle the veteran to a higher rating using the rating tables published in the Code of Federal Regulations. For example, a veteran with diabetes that is manageable by diet only would have an increased rating if the veteran starts requiring oral medication and/or insulin injections.
Remember: To get benefits for an increased rating, you have to file an application for the increased rating.
Filing for service connection for another medical condition
Another way to get a higher rating is to get another condition service-connected. Some things that can cause you to need to file for service-connection for another condition include:
You have been denied service connection for a condition in the past but now have additional evidence to show the condition is service connected – you can file for service connection of a condition that you previously applied for and lost. Veterans often need to do this if they fail to appeal their denial or if they later develop additional medical or other evidence that their condition is service-connected.
You develop a condition that is service-connected – it is fairly common for a veteran to apply for service connection for one or more conditions and then later develop another service connected condition. For example, a Vietnam veteran who develops diabetes should apply for service connection for that condition because of Agent Orange exposure. If that veteran later develops Parkinson’s Disease, that veteran should apply for service connection for the Parkinson’s Disease.
If you have a condition from your service that have not yet been “service-connected” by VA or service-connected conditions that have gotten worse, you should strongly consider filing for these conditions as soon as possible. Waiting to file a claim is almost always not in your best interests. Usually, waiting will cause you to give up benefits that you should receive since you do not even become potentially eligible for benefits until you file.
Proving a secondary condition
A third way to get to a higher overall rating is to apply for what is known as a secondary condition or secondary disability. In short, this is a disability that is caused or aggravated by another secondary disability. These disabilities are eligible for benefits just like the service-connected disability that is the cause. We will cover this topic more in depth in an upcoming post, so be on the lookout for that.
Travis Studdard is an attorney who focuses on representing veterans in VA disability compensation claims. He regularly writes about issues that are important to veterans and their families.
You can subscribe to his Veterans Disability channel on YouTube.
I recently needed a lawyer for a Workers Compensation Inj. The Dr. I saw ordered back surgery. The company declined to approve the surgery. So i went to the Law firm of Perkins & Studdard, as they were highly recommended…Mr. Studdard is a Veterans Affairs Lawyer. Mr. Perkins & his staff handled my case… every person in the firm were nice, helpful, and showed empathy for my situation. Mr. Perkins is very thorough & at the same time worked diligently for me. He got me compensated fairly. If not for this Law firm im not sure what i would’ve done. Thankfully they lowered my stress and communicated regularly.
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After my VA claim was denied, I felt defeated, depressed, and overwhelmed. I spent a lot of time researching different agencies, only to find that many of them made promises they couldn't back up and were not properly accredited.
I decided to give Perkins Studdard LLC a chance because they were accredited, and it turned out to be one of the best decisions I've ever made. From the very beginning, Jessica, Travis, and the entire team were professional, knowledgeable, and genuinely committed to helping me navigate the VA claims and appeals process.
Their guidance, communication, and dedication made a difficult process much easier to manage. Thanks to their hard work and expertise, I finally received the benefits I had been fighting for.
I highly recommend Perkins Studdard LLC to any veteran seeking assistance with a VA claim or appeal. Don't waste your time elsewhere—this team truly cares and delivers outstanding service.nelson figueroa
Travis, Jessica and the team were amazing. I’ve been working for the benefits I’ve deserved for years and should have worked with Perkins Studdard initially. They were always great answering questions and helped me more than I ever could have imagined. I highly recommended them as a VA disability law team to help anyone. I’d give more stars if I could.Theodore Tarbush
I highly recommend Travis and his team. From start to finish, the communication and professionalism were outstanding. Jessica was absolutely amazing — responsive, knowledgeable, patient, and always willing to help answer questions and keep me informed throughout the process.
Travis was also excellent and made me feel confident that I was in good hands. Their entire office treated me with respect and care, and I truly appreciate everything they did for me. If you’re looking for an attorney and legal team that genuinely cares about their clients, I would definitely recommend them.Carlos Thornton
Travis Studdard and his team were always professional and from intake to case resolution, they were extremely pleasant to work with. After working closely with them for roughly six years, they successfully appealed my sleep apnea claim with the VA. At times I thought about giving up, but it was their diligence and confidence in their approach that gave me the ability sustain. There were no surprises, they led me by hand every step of the way. My family and I are truly appreciative for their great work. His team truly cares and it shows. They will fight to the end for veterans. I couldn't be happier with the results.James
I had the pleasure to be helped by Travis and his team on my VA disability claim. They know what they are doing, and I would definitely work with them again. I recommend them to any veteran that has a wrongfully denied claim with the VA...Joel Onomo
Travis and his team helped me get my case done when I couldn't get it done by myself.Everything went much faster and better than I expected.I highly recommend his team for any veteran trying to get a claim processed. Norman Scott,U.S.Army veteranNorman Scott
Jason Perkins and his team are so kind, knowledgable and helpful. They were thorough with all my legal needs and made sure my medical needs were taken care of financially. What I most appreciate is that he was always very clear about what was best for my case, but he also always told me I needed to do what was best for me, both mentally and physically. He was always available to answer questions, made sure I understood, and was willing to let me make decisions regarding my case. His ethics are beyond reproach. He would not take a percentage of a payment he did not help me receive. You can trust him. He always made it clear that my mental and physical well-being were more important than any part of my case. Then he would explain what would be best for the case and why, and allow me time to decide. Being in the Worker's Compensation system was an incredibly demeaning experience. I am a strong, educated woman, but when everyone in a system tells you that you are not worthy of the care you have received your entire life, and you instantly become less than to many of those who are suppose to be caring for you, it would weigh on anyone. I am so thankful I had Jason and his team fighting for me, getting me things I never would have imagined would be denied, like a second opinion before surgery, or physical therapy instead of opioids. I cannot imagine trying to handle this experience by myself.Andri Pilgrim
Would definitely recommend 10/10! The team was super helpful through the entire process, and always were available for questions anytime I needed. Always quick to respond, and we’re always sweet and professional!Haley Nicole
Perkins Studdard LLC has been wonderful to work with from the first day through the final journey. They were prompt in requesting the information from me so they could appeal my claim with the VA. I had exhausted all means trying but they were able to get me to 100%. I would "HIGHLY" recommend using them if you are having difficulty getting anywhere with the VA.Mike Black
I understand you want your VA claim to be done as quickly as possible. But remember the ultimate goal – to win your VA disability compensation claim.
You may eventually get there on your own, but it may be after a series of decisions by the Regional Office and Board of Veterans Appeals. Sometimes claims are appealed and remanded several times, which can cause a claim to drag on for years. If you are interested in avoiding unnecessary delay in your claim and want to do everything you can to maximize your chances of success, it is probably a good idea for you to consult with an accredited veterans disability attorney.
We would be happy to talk to you. If you would like a free consultation with our Perkins Studdard veterans disability attorneys just click here or give us a call to begin the process.
