Veterans must understand the VA’s fuzzy math when fighting for increased veteran disability benefits. They must also learn to use five-star evidence – material, probative, relevant, competent and credible evidence.
Those with schedular 100 percent disability ratings should look into benefits associated with the Uniformed Services Employment and Reemployment Rights Act (USERRA). These include property tax waivers and free vehicle registration.
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File a Claim for Increased Compensation
A veteran’s disability rating determines the monthly compensation they receive. If a vet believes their current rating isn’t adequate, they can file a new claim for an increased disability rating or request a higher-level review of their case. Those who want to file a new claim should ensure they have the best evidence available, including private medical records related to their injuries or illnesses and support statements from friends, family, clergy, law enforcement officers and coworkers. It’s also crucial to consider a qualified, accredited representative. The VA’s initial rating decision will be based on the medical evidence submitted during the claims process. However, if a vet believes their rating isn’t satisfactory, they can offer a Notice of Disagreement within one year. This will allow them to request a higher-level review at their RO or go straight to a Board of Veterans’ Appeals hearing. The appeals process is complex, and working with a skilled and experienced attorney is important.
Appeal a Rating Decision
Veterans can appeal a decision made by the VA in several different ways. Knowing your options and choosing the most likely to yield the best results is important. If you want to fight for increased disability benefits, a lawyer can help you understand your choices and decide which appeals process is right for you. For example, suppose you believe your disability rating is too low and that you should receive higher compensation. In that case, you can request a reevaluation using VA Form 21-526EZ. This will require you to explain how your condition has changed since the last exam and provide new information about how the service-connected disability has impacted your life. You can also request a review of the Rating Decision by a Decision Review Officer, or DRO, at your regional office. A DRO will conduct a de novo review of your case and may overturn or uphold the previous decision. This option generally takes longer because a DRO typically only schedules hearings on a limited basis.
Consider Individual Unemployability Benefits
Veterans who cannot work due to service-connected disabilities may be eligible for Individual Unemployability (IU) benefits. To qualify for IU, the veteran must have a disability rating of at least 70 percent and meet certain schedular requirements. VA cannot consider non-service connected disabilities when assessing a veteran’s eligibility for IU. For example, suppose a veteran has a service-connected PTSD but also has a back injury that is not service-connected. In that case, the VA can only consider the effects of his PTSD on his ability to maintain gainful employment. In cases like this, it is important to keep a detailed diary of the symptoms that impact one’s ability to work. It is also helpful to ask for a copy of the C&P exam and review it carefully to see if it accurately reflects flare-ups, loss of function, and other issues that should be considered when determining if the veteran can remain engaged in substantially gainful employment.
Contact an Attorney
Veterans must provide medical evidence to prove their conditions to receive disability compensation. In addition, they need to show that their disability has increased since their last exam. This may be done by submitting buddy statements or additional medical documentation of the symptoms, such as MRIs and CT scans. A medical opinion from a physician or specialist can significantly strengthen a VA disability rating claim. Veterans need to choose the right physician who understands the VA’s guidelines and requirements and can accurately assess the severity of their symptoms. A veteran who believes that their disability rating should be higher than it currently is should hire an attorney to fight for them. An experienced lawyer can help them navigate the process and build a case to win the highest possible disability rating.
