How to Increase Your VA Disability Rating After an Initial Decision

Receiving an initial VA disability rating that does not accurately reflect the severity of your service-related condition is more common than many veterans realize. However, this does not mean that a low or partial rating means the end of your journey. Under 38 C.F.R. Part 3 regulations and the Veterans Affairs Improvement and Modernization Act of 2017 (AMA), veterans have clear legal pathways to challenge and improve their ratings.

Understand What Your Rating Means — and Why It May Be Too Low

The VA uses the VA Schedule for Rating Disabilities (VASRD) to determine a disability rating between 0% and 100%, in increments of 10%. This rating affects your monthly compensation, as specified in 38 U.S.C. 1155. A lower rating may be due to several factors, such as the VA examiner relying on an incomplete or inaccurate C&P examination, incomplete or inaccurate records of your symptoms on the day of the examination, or incorrect application of a diagnostic code. Identifying the exact reason for a deficient rating is the first crucial step in addressing the issue.

File a Supplemental Claim with New and Relevant Evidence

If your initial rating has become final, or even if it hasn’t, a Supplemental Claim under 38 C.F.R. § 19.50 allows you to submit new and relevant evidence to support a higher rating. New and relevant evidence is evidence that wasn’t previously part of the record, and it tends to prove or disprove a material fact that is in dispute.

Powerful forms of new evidence include private medical opinions from specialists, statements from family or friends describing your daily functional limitations, and updated treatment records showing worsening symptoms. The VA is required by law to assist you in obtaining this evidence under 38 C.F.R. § 3.159. However, it is always advantageous to proactively secure a strong independent medical opinion.

Request a Higher-Level Review

The Higher-Level Review (HLR) option allows a senior VA claims adjudicator to review your file again without the need for new evidence. This is particularly useful when the original adjudicator made a mistake in applying the rating schedule or missed existing evidence in your file. You can also request an informal meeting with the reviewer to discuss specific errors. This step is often underutilized, but it can be very helpful. HLR requests must be submitted within one year of the initial decision, although the AMA has created exceptions for certain types of appeals.

Appeal to the Board of Veterans’ Appeals

If the Supplemental Claim and HLR lanes do not provide the desired result, you may appeal directly to the Board of Veterans’ Appeals (BVA). Under the AMA, there are three options for BVA appeals: direct review (without new evidence or hearing), evidence submission (with new evidence but no hearing) and hearing request (with both new evidence and hearing before a veterans law judge). For more complex rating issues, especially those involving total disability due to individual unemployability or multiple conditions interacting, the hearing request option often provides the best opportunity to present your case fully.

Seek an Increased Rating for Worsening Conditions

Even if there is no pending appeal, you can still file a new claim for a higher rating if your condition has worsened due to your service connection. Under 38 C.F.R. § 3.327, the VA may schedule a re-examination if they determine that your condition may have changed. It is recommended that you not wait for the VA to take action – proactive requesting a re-exam or providing updated medical evidence of functional decline often results in a quicker resolution and earlier effective date for your rating increase.

Consider Secondary Service Connection

Many veterans are unaware that conditions caused or exacerbated by a service-connected primary disability may also be eligible for separate ratings under 38 C.F.R. § 3.310. For instance, a veteran who was service-connected to a knee injury and has developed chronic back problems as a result of altered gait may be eligible for a secondary rating for their back. These secondary claims can significantly increase their combined rating and, therefore, their monthly compensation.

Veterans Benefits Law Group, PLLC — Fighting for the Benefits You Earned

At Veterans Benefits Law Group, PLLC, we understand how overwhelming it can be to fight the VA and manage a service-related disability. Our firm is dedicated to helping veterans get the ratings and compensation they deserve. If you are pursuing a supplemental claim, a higher-level review, or an appeal to the BVA, our team will provide you with legal advocacy and personalized guidance.

If you believe that your VA disability rating is inaccurate, please do not hesitate to contact Veterans Benefits Law Group, PLLC, for a free case evaluation. Our firm salutes your service, and we are committed to fighting for your rights and your future.