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 had an excellent experience working with Jason Perkins at Perkins & Studdard on my workers’ compensation case. Jason was professional, patient, and truly cared about helping me. He made sure I understood every step of the process and worked hard to get me a great settlement. I’m very thankful for everything he did for me. If you need a workers’ comp lawyer, I highly recommend Jason Perkins and the team at Perkins & Studdard — they really go above and beyond for their clients!Cosmic Energy
Amazing work by an amazing firm. Mr. Studdard has personally explained to me what is going on with my claim and how he will move forward on getting things done. He has always been available to speak. Jessica Hyatt is also a pleasure to work by keeping me up to date on the claim and also letting me know what is needed from me. This firm is professional, effective and definitely client friendly.Richard Moreno
I highly recommend this law firm it’s truly been a blessing to me and my family . The attorneys treated me very well very respectful they listen to me. They understood how important this was to our family. They answer all our questions they return calls to us. They explained everything in detail to us.I know that it was because of the law firm that we received a quick decision from the VA which our claim was granted.Tanya Henderson,Hawkins,Wilson
I highly recommend Jason and his staff. His professionalism and experience proved to be very valuable in helping my case. He is very knowledgeable in his field of work.Eric Bowles
Travis has an amazing team, when I hit a brick wall with my case, he immidiatly gets on board to get to the finish line. 80% to TDIU in about 3 months.
Additionally, working with Jessica has been an absolute pleasure, she is a strong part of their entire team.
I would recommend them to everyone I know!!Jesse
I had a wonderful experience with them.
And they selected my case .
I would definitely recommend them.Martha Brooks
What can I say about Travis and Jessica besides thank you from the bottom of my heart. You two worked hard for me. I had no clue when it came to the VA and was about ready to just give up, but with your help and support we made it to the finish line. Yes, it took a couple of years, but it was worth it in the end. If anyone is looking for help with working with the VA these are the people that can do it for you. The VA tried to pull a fast one on me, but Travis was faster and called them on it and they backed down. Thank you both again for everything you did for me and thank you for what you do for all veterans everywhere.Tony Butts
Marlis Espinosa
If you are looking for someone to help you through the VA benefits appeal process, stop the search and give Perkins Studdard LLC a call. They are EXCELLENT! I had been denied VA benefits and needed to file an appeal, but the process is so complicated I didn’t feel confident trying to do it myself. I found Perkins Studdard LLC while searching online, gave them a call and have not been disappointed. It has been great working with Travis, Jessica, and the rest of the team. They are always proactive in all the steps, quickly answer all my questions, and provide updates along the way. They are always highly professional, yet down to earth and easy to talk to. I cannot say enough good things about them. There is no way I would have received the benefit I was awarded without their help.William Slaughter
Jason, can’t thank you enough for continued support during my workers comp case and follow-up even after winning my case. So thankful to your wonderful staff including Alison and Lisa for amazing communication and keeping me up to speed on the case. Jason Perkins at Perkins Studard LLC is absolutely the kind of lawyers needed when fighting for your medical support through Workerscomp.Rich Kid Uzi
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.
