Jump to content

Ask Your VA   Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
 Search | View All Forums | Donate | Blogs | New Users | Rules 

  • homepage-banner-2024.png

  • donate-be-a-hero.png

  • 0

Applying For Increase In Rating

Rate this question


littlemacr

Question

  • Answers 5
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

5 answers to this question

Recommended Posts

  • HadIt.com Elder

Just write the letter to your regional office and state that your condition has worsened and you request an increase in compensation. The VA will then probably set up a C&P exam at some future date. Send the letter certified mail return receipt.

Link to comment
Share on other sites

Rae,

I advise you to research your medical condition in the ratings manual (Tbird recently added links to it on this board), find out the criteria that most closely matches your current level of disability. Then along with your letter requesting the increase, send all medical records that substantiates your worsened condition (increased disability). If possible, include a statement from your primary care physician and/or specialist stating the worsened signs or symptoms. On each page of supporting medical information, mark (star, highlight, underline, etc.) pertinent information.

I did this with my husband's claim and avoided the hassle and delay of a VA exam. Supposedly, exams are ordered only when the claim cannot be decided with the evidence on file. If you include unquestionable supporting medical evidence, it could save time in making the decision. If all evidence on file is favorable, the claim must be approved. My theory is, why give some in-a-hurry, don't-care C&P examiner a chance to wreck your claim?

Of course, you are entitled to a VA exam as part of its duty to assist, so if you need it, request it.

Carrie

Link to comment
Share on other sites

  • HadIt.com Elder

You want to protect your effective date so that is why I say to file for the increase as soon as you can. You can send the evidence later. If you wait until you have all your evidence you may sacrifice an earlier effective date which translates into money. You will have plenty of time to send in evidence. The VA is most likely going to send you for a C&P exam regardless.

Link to comment
Share on other sites

You are exactly right, John. Forgot that part, didn't I? ;) Very important to preserve effective date.

I first sent in a short letter stating that I was planning to file a claim for [insert particular condition--naming it is important] and asking VA to consider my letter as an informal claim and to expect medical evidence and details to support the claim to follow. Three exams were canceled for my husband after I sent in the evidence as I described. The RO stated in the decision that no further duty to assist was necessary as the case could be decided by evidence on file. Is was decided in his favor.

So good to have hadit folks fixin' the chinks in the armor. You are always so helpful and knowledgeable.

Carrie

Edited by Morgan
Link to comment
Share on other sites

Guest
This topic is now closed to further replies.


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • RICHKAY earned a badge
      One Month Later
    • pacmanx1 earned a badge
      Great Content
    • czqiang1079 earned a badge
      First Post
    • Vicdamon12 earned a badge
      Week One Done
    • Panther8151 earned a badge
      One Year In
  • Our picks

    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
    • Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
    • Good question.   

          Maybe I can clear it up.  

          The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more.  (my paraphrase).  

      More here:

      Source:

      https://www.va.gov/disability/dependency-indemnity-compensation/

      NOTE:   TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY.  This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond.    If you were P and T for 10 full years, then the cause of death may not matter so much. 
×
×
  • Create New...

Important Information

Guidelines and Terms of Use