When veterans get approved to receive VA disability compensation, they are assigned a rating based on the severity of their disability. These ratings are expressed as a percentage that can range from 0 to 100%, with 100% being the most severe. Often, veterans feel like their VA disability rating doesn’t fully reflect the severity of their condition. The good news? Veterans have the right to appeal for a higher VA disability rating. In this blog, we will discuss how and why veterans can appeal for a higher VA disability rating and receive the proper compensation they are entitled to.
Why Might a Veteran Appeal Their VA Disability Rating?
After the VA assigns you a rating for your service-connected condition, this determines how much compensation you are entitled to, with higher ratings receiving more compensation. It is not uncommon for a rating to not accurately reflect the severity of your condition.
Below are a few common reasons why veterans may file an appeal:
- Your condition has worsened since you were first rated.
- The VA undervalued your symptoms, leading to a lower percentage.
- The VA made an error in your initial rating decision.
- You have new medical evidence that wasn’t considered in your original claim.
If any of these situations match yours, you may want to consider appealing your VA disability rating. Do not settle for your current rating if you believe it is inaccurate or you have more evidence to support a higher rating.
Choosing The Right Appeal Path
Depending on your situation, there are three different ways veterans can appeal their rating decision:
- Higher Level Review: This appeal option is best when you believe the VA made an error when deciding your case, without submitting additional evidence. In this type of appeal, a senior VA reviewer will take another look at your case and determine whether an error was made.
- Supplemental Claim: This appeal option gives veterans the opportunity to submit any new and relevant evidence that wasn’t included in their initial claim. It allows the VA to review your case again but with new evidence, which could support a higher rating.
- Board of Veterans’ Appeals: If your case is more complex, such as if it involves multiple conditions, you can appeal directly to the Board. This is the highest level of appeal within the VA system and is typically the last resort if all the other options did not work.
Common Mistakes to Avoid in the Appeals Process
Even within the appeals process, veterans can still make mistakes that can hurt their chances of an increase.
By avoiding these common mistakes, veterans can make sure their appeal is well-prepared:
- Missing deadlines: Typically, veterans have one year from the date on their decision letter to file an appeal. Missing this deadline can take away their opportunity to file an appeal.
- Not submitting enough evidence: If you are filing a supplemental claim, this requires new and relevant evidence. If you do not provide enough strong evidence, your claim will likely receive the same decision. Strong evidence is key to earning a higher rating in this situation.
- Filing the wrong type of appeal: Make sure you are reviewing your options carefully and deciding which type of appeal makes the most sense for you. Choosing the wrong process can slow things down and likely not lead to a higher rating.
- Going through the process on your own: The VA claims process can be complex and challenging to navigate all on your own. An experienced VA attorney can make a huge difference in the outcome of your appeal.
You Fought for Your Country—Now Let Us Fight for You
Don’t settle for a disability rating that doesn’t reflect your condition. If you believe you deserve a higher rating, take action today. At Veteran Esquire Legal Solutions, we fight for the VA benefits you deserve, efficiently and affordably. Get in touch with us today.