When a veteran applies for disability benefits for a service-connected condition, the VA may assign a disability rating based on the condition’s severity and symptoms. However, does the VA ever reevaluate a veteran’s disability benefits, and if it does, will a veteran ever see an increase in their disability rating? Certain factors may lead the VA to increase a veteran’s disability rating. Understanding when your disability rating might change can help you ensure you receive maximum disability benefits.
When the VA May Increase a Disability Rating
The VA bases a veteran’s disability rating on the severity of their service-connected condition(s), not just the diagnosis of that condition. However, after a veteran’s initial disability rating, the VA may increase the veteran’s rating under certain circumstances, such as:
- The severity of the veteran’s condition worsens
- The veteran develops a secondary condition (a condition caused or aggravated by another service-connected condition)
- New medical evidence indicates that the veteran had a worse impairment than previously thought
A disability rating increase may occur after a veteran files a claim for an increased rating, such as for a secondary condition. The VA may also periodically request reexaminations for veterans, which may reveal a secondary condition or a worsening of impairments that could support a disability rating increase.
How Veterans Can Request a Rating Increase
A veteran can file several types of claims to request a rating increase. A veteran may file an increased claim request to request a higher disability rating and increase compensation for a disability that the VA has already deemed service-connected when the disability’s symptoms worsen. A veteran may also file a secondary service-connected claim to claim a new disability linked to an existing service-connected disability, such as arthritis caused by a service-connected amputation.
Veterans who request an increase in their disability ratings will need substantial evidence to prove their claim, including:
- Updated medical records from the VA or private healthcare providers
- Buddy statements from family members, friends, or co-workers to describe the veteran’s worsening limitations
- Written medical opinions linking the development or worsening of a new disability to a previously identified service-connected condition
After requesting an increase in their disability rating, the VA may require the veteran to attend a compensation and pension (C&P) exam to assess the severity of the veteran’s symptoms and compare those findings with prior assessments of the veteran’s disability.
Can the VA Reduce My Rating Instead?
Some veterans may avoid filing a rating increase request because they fear a C&P exam may result in the VA reducing their disability rating. However, the VA may only reduce a veteran’s disability rating based on substantial evidence of sustained improvement in the veteran’s condition. Furthermore, VA regulations impose various protections on a veteran’s disability rating over time:
- Five years: The veteran’s disability rating becomes “stabilized,” and the VA may not reduce the rating unless all evidence demonstrates a sustained improvement. This rule protects veterans from reductions in their rating except for good cause.
- Ten years: The VA cannot terminate service connection for a disability, although it can reduce the disability rating when all the evidence shows a sustained improvement in the disability’s severity. This rule protects veterans who seek an increase in their rating from retroactive changes when the VA mistakenly determined that a condition was service-connected.
- Twenty years: When a veteran’s condition has had a disability rating at or above a specific threshold, the VA cannot reduce the veteran’s rating below that threshold unless the veteran procured that rating through fraud.
Contact Our VA Disability Benefits Law Firm Today
Once the VA assigns you a disability rating, changes in your physical condition may lead to an increase in your rating and benefits. Contact Veterans Law Attorneys today for a free, no-obligation consultation with a VA disability benefits lawyer to learn more about the disability rating process and discuss how you might seek an increase in your rating and disability benefits in the future.
