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How To Increase An Existing Rating
The veteran who has an existing condition or conditions that are rated
and compensated as service connected may experience a worsening of the
condition with time.
At any point along the way, the veteran who believes that the existing
rating is too low may ask for an increase. To request or file for an
increase is a simple procedure.
The veteran need only to
write a letter
to the VA Regional Office and clearly state that he or she believes that
an increase in the benefit is appropriate, why you believe that an
increase is proper and then provide evidence to support the claim for an
increase.
The usual process of adjudication will begin.
The veteran will be notified by letter
that the VARO has received the veteran's request and evidence will be
requested. A Compensation and Pension examination will be scheduled,
medical records reviewed and a decision will be made by a Ratings
Veterans Service Representative.
If your request to increase your rating is denied, all the usual appeals
processes apply so if you feel strongly about your case, you should
proceed to the appropriate type of appeal.
VAWatchdog is often asked if there is a risk to requesting an increase in an
existing rating.
The answer is always, "Yes".
Your VA is always on the
lookout to ensure that you are "appropriately" rated. This means that
your percentage of disability rating should match your physical
condition as closely as possible at all times.
Your VA practices this theory to enforce the lowest rating possible. Any
time you request an increase brings your file under scrutiny of an
individual who has as the first order of business to review it for any
errors that may have caused you to receive a rating higher than you
deserve.
I've seen numerous instances of veterans who request that their rating
be increased from 50% to 70% and they receive back a "Notice of Proposal
To Reduce Benefits" to 20%. The usual reason given by VA is an
"improvement" of the rated condition.
VA may also deny an increase to the rating you requested be modified and simultaneously propose to lower other existing ratings that you did not mention.
Any time your VARO opens your file, all ratings and claims are reviewed.
If you request an increase in a knee condition and VA denies it (or awards it) the rater may also review your back, arm and PTSD conditions and note improvement. If that occurs, the rater will propose that those conditions be rated at a lower % than they are today.
Prior to filing for an increase...
Ensure that you're eligible. Don't guess.
Doing your homework before you write to VA and seeking an increase in an existing benefit is mandatory.
Be sure that you can provide evidence that you are eligible for the increase you request. This is best achieved by getting your evidence together for your own review.
The goal is to provide your VA Regional Office (VARO) with such clear and compelling evidence that they will have to give you the increase you ask for!
Compare your evidence (usually medical records and nexus letters) to the requirements of The Schedule For Rating Disabilities.
Assume that you're going to have to present this evidence to an individual who will disagree with you. Can you convince him/her that you are correct? If so, proceed. If not, return to the task of providing clear evidence of your eligibility for an increase.
Are you confident that you deserve an increase in your existing rating? Do you understand the risks?
If so, write to your VA Regional Office (VARO).
A template letter to request an increase in a benefit.
01/01/2012
VIA Certified Mail RRR
Department of Veterans Affairs
Your Regional Office
PO Box 12345-0987
The Big City, State ZIP
Reference: DOE, JOHN L / 000/111/9087
Dear Sir/Madame:
I am currently rated for NAME THE CONDITION RATED.
I believe that my condition has steadily become worse since this rating was awarded. I have compared my current condition to that listed in the Schedule For Rating Disabilities and I see that it would be more appropriate that I would now be rated at ???%. (NAME THE % YOU BELIEVE IS APPROPRIATE.)
By this letter, I am applying for that rating increase.
Thank you for your kind consideration of my request.
Respectfully,
John Doe
ADDRESS
TELEPHONE
EMAIL
Key Points To Remember
* Only use Certified Mail, Return Receipt Requested
* The Return Receipt is a small green postcard. Keep it safe along with a copy of this letter.
* There are no forms to complete. A brief to-the-point letter is all that is required.
* Do not say more than is necessary. Keep it brief.
* Do not tell VA that you need the money. Focus on the disabling condition and why it is worse.
* You will receive a notice that VA is working on your claim with 3 months or so.
* You will be scheduled for a C & P (Compensation and Pension) examination. Do not miss it.
* If you have updated medical records from non-VA providers, you may submit them at any time.
* Begin now to prepare for an appeal. 70% of these will be denied. Plan now how you will appeal. Begin today to read the VAWatchdog articles on How To Appeal.
* Use accurate and specific language. Nomenclature and precision in naming the condition, symptoms, medicines is critically important GET HELP from a friend, your spouse, your children if you don't write well.
A Proposal To Lower Your Rating
What do you do if VA gets back to you a year after you ask for your increase and they notify you that they are proposing to lower the existing rating because they found "improvements" in your rated condition(s)?
You will appeal. This is why you began to prepare your appeal months ago. These appeals are "timely" and your best bet is to have your game plan organized well in advance. If you have planned ahead you will be able to send your appeal via Certified Mail RRR to your VARO within 30 days.
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Bottom Line
If you are sure that your condition is worse than it was when originally rated you should apply for an increase.
The rules and regulations support that you should be appropriately rated. If your symptoms match the symptoms you find in the Schedule For Rating Disabilities, you should ask that your rating % be increased.
You should not hesitate to file for the increase that you deserve because you fear actions by VA...like lowering the rating. Like any other business with VA you must be prepared for a lengthy engagement and to defend yourself.
If you are eligible for the increased rating and you have done the preparation homework necessary, VA will eventually award you the appropriate rating.
