How Hard Is It To Get Va Disability

If yous've been canonical for service-connected disability benefits from the Us Section of Veterans Diplomacy (VA), the agency will assign a disability rating that specifies the seriousness of your condition. You can be given a rating of 0 to 100 percent, and this percentage is associated with a sure monetary amount yous'll receive for the disability. Fifty-fifty if y'all're assigned a 0 pct rating, the VA still acknowledges that the service-connected status exists, but it doesn't touch on your ability to agree a task or part on a daily basis.

Additionally, a 0 pct rating tin increase your healthcare eligibility, and if your status worsens in the future, you tin can file to increase your VA inability rating instead of starting the application process over. To receive VA benefits, you don't accept to be completely disabled; withal, your condition must have a 10 pct rating to receive financial compensation.

Making the Case for a Rating Increase

There may come a point afterward you've received VA benefits for a period of time that your inability begins to worsen. Yous may experience greater hurting, suffer broader or more than challenging symptoms, or observe that your 24-hour interval-to-day functioning has decreased. You may fifty-fifty detect that it's getting harder to work and sustain gainful employment. If this happens, you may feel that the percentage rating you were assigned when your claim was first approved is no longer high enough to represent the deterioration and regression in your health due to your disability. Ultimately, you may want to ask the VA for a rating increment.

The process for making this request isn't hard. However, the outcome of this asking may non be exactly what you expect or intend. Information technology's possible that making a request for this modify can actually lower your disability rating. Thus, it's helpful to hire a lawyer who tin explain why a asking for an increment can hateful a college rating without an increment in financial compensation and why it tin ultimately decrease your percentage rating.

Why Your Rating and Benefits Could Subtract

Before yous inquire for an increase in your VA rating, be sure you're making the request strictly because yous believe your disability has go worse. Y'all shouldn't asking an increase if:

You need more money to keep upwardly with the cost of living,
You have boosted financial responsibilities,
You are suffering sudden financial hardships

The VA won't honor an increase for these reasons. Simply if yous believe your condition has truly deteriorated, you tin complete and file a form 21-526b, Veteran'south Supplemental Claim for Bounty or a form 21-526EZ to the VA Regional Part (VARO) stating why you believe the increase is proper and appropriate along with medical bear witness that supports the worsening state of your disability.

It seems logical that if you're awarded a higher disability rating, you will receive a larger monthly bank check from the VA. However, the procedure doesn't always piece of work that way. It's possible that a small increment added to your rating volition have piffling touch on the amount of your compensation.

For case, if your rating is already at 60 percentage, an increase of 10 percent may non impact the bottom line. The VA uses complicated formulas and combined ratings tables to decide the percentage. Thus, an attorney experienced in VA inability benefits tin assist determine if you're probable to receive an increased rating and an increase in financial bounty.

When the VA receives your claim, the agency will review your entire file. This means your initial rating will exist re-evaluated and all of your medical records scrutinized. This can take a positive or negative outcome. The VA may actually decrease your rating based on the new medical prove you provide about your condition. If they don't see deterioration and, instead, see improvement in your current disability, the VA may reduce your benefits.

Hither's How Your Asking to Change VA Disability Rating Works

At any time, the VA can re-examine your claim, and the agency can reduce or terminate your benefits nether some specific circumstances. Most frequently, however, the VA won't do this earlier and until yous appear for a reexamination. When you request an increase in your VA inability rating, you lot are in effect opening up your claim for re-evaluation. In full general, here are some basic guidelines the VA uses when determining changes in your benefits:

If you've had your service-continued disability rating for over five years, the VA has to prove that your illness or disease has improved in a consistent fashion earlier reducing or terminating your rating.
If you've had your inability for 10 years or more, the VA will not likely terminate your benefits unless the bureau can prove that you've been fraudulent in your claim. It can, however, reduce your benefits.
If you've had your inability for twenty years, the VA won't reduce your rating below the lowest rating you've received in those xx years.

To reduce your disability rating, the VA must have specific testify that your condition has improved. The responsibility of proof is on the VA. Nevertheless, it's important to be diligent in protecting your rating. Information technology'southward important never to miss a reexamination engagement because the VA tin reduce or terminate your rating without warning considering of this.

Our VA Inability Lawyers Are Here to Assistance

When your service-connected inability has worsened and you lot want to request a rating increase, contact the VA disability lawyers at Cuddigan Law at (402) 933-5405. We can help you with your request to ensure yous get the fairest possible rating. Phone call united states of america to schedule a example evaluation to discuss your specific situation.