How to Increase Your VA Disability Rating After a Denial or Lowball Decision

Receiving a denial or a lower-than-expected disability rating from the Department of Veterans Affairs (VA) can be a devastating experience. After serving your country, you expect to receive full benefits, but the VA doesn’t always make the right decision the first time. While a denial or lower rating may seem like the end, there are options available. Understanding these and taking strategic steps can increase your chances of a higher rating later.

Understanding Why the VA Denies or Underrates Claims

The VA may deny claims or assign lower ratings for several reasons. One reason is that there may be insufficient medical evidence to connect your condition with military service. Another reason might be that the VA examiner’s report doesn’t accurately reflect the severity of your symptoms. Additionally, crucial medical records might not have been included in your initial file.

According to 38 CFR § 4.1, the VA must assess disabilities based on the average impact of the impairment on earning capacity. If your current rating does not reflect the actual limitations that your condition places on your ability to work and perform daily activities, you may have grounds to request an increase.

Your Three Primary Options After an Unfavorable Decision

When you receive a decision with which you disagree, there are three main options available to you under the Appeals Modernization Act.

Supplemental Claim

This option allows you to provide new and relevant evidence that was not included in your original submission. This is often a good choice if you have additional medical records, witness statements, or expert opinions that support your case.

Higher-Level Review

Here, a senior review team will examine your existing evidence to determine if the initial decision-maker made a mistake. No new evidence can be submitted at this time, but this process is appropriate if you feel that the VA has misapplied the law or overlooked relevant evidence in your file.

Board Appeal

You can appeal directly to the Board of Veterans’ Appeals. A Veterans Law Judge will then review your case and consider any new evidence you may have submitted. You may also request a hearing if you wish.

Building a Stronger Case: Key Strategies

To successfully increase your disability rating, you will need to provide compelling evidence. Begin by obtaining a thorough Compensation & Pension (C&P) examination from an independent medical professional. This evaluation should thoroughly document your symptoms and any limitations you may have.

Gather letters from qualified medical professionals who can establish a direct link between your military service and your current health condition. These letters should clearly state that your condition is likely to be at least as related to your service as it is not – the standard required under 38 CFR § 3.102.

Don’t underestimate the power of personal testimony. Submit detailed statements from family members, friends, and other service members who can attest to the impact of your condition on your daily life and how it has worsened over time.

Understanding the Rating Schedule

Familiarize yourself with the VA’s Schedule for Rating Disabilities. Each condition has specific criteria for different percentage ratings. Review the diagnostic codes that apply to your conditions and honestly assess whether your symptoms meet the criteria for a higher rating. Many veterans are eligible for higher ratings, but don’t receive them because they didn’t fully describe all of their symptoms during the C&P examination.

The Importance of Professional Legal Representation

Navigating the VA appeals process can be a challenging task. The rules and regulations are complex, and the deadlines are strict. Knowing which evidence to provide and how to present it can make or break a case. Veterans who seek the help of experienced attorneys have a better chance of receiving favorable outcomes.

At Veterans Benefits Law Group, PLLC, we are proud to aggressively fight for the rights of our veterans. Our experienced legal team has a deep understanding of the complex VA benefits system, and with over 45 years of combined experience helping veterans nationwide, we are here to help you navigate the process and secure the benefits that you deserve.
We understand that you may have received a low rating or negative review, but we would like to offer you the opportunity to reconsider. You served your country with great honor and now it’s our turn to serve you. Please contact us today to schedule a free consultation and take the first step towards getting the rating you deserve.