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Can I have my Disability reviewed again.

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DannyPrice123

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I have already been rated and receiving Disability benefits, but a few of my Disabilities have progressed and got worse and has me in more pain and is causing more loss of motion. Is there a way I can have it reviewed again and see if I'm eligible for an increase, or is that NOT POSSIBLE. Thank you.

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I assume you have been receiving medical treatment from the VA or private medical doctor/s for your current medical problem.  First thing is to get medical treatment ASAP. If so then get copies of their treatment notes, opinions, test, diagnosis and medications prescribed for you.

Yes you can file for an increase in your present disability if you think it has worsened and provide any medical evidence of VA or private treatment for the said disability.  In order to obtain an increase you do have to show some type of the just mentioned medical treatment notes, diagnosis, doctors and/or medical specialist statements in addition to a statement from you about your pain level ( this is known as lay evidence or statements).  You may have to file a reopened claim for the present or old disability.  Find yourself an accredited experienced VSO (DAV, VFW, American Legion) located inside a VARO regional office to assist you ASAP.

Never give the VA original documents but only send them copies and for important evidence and claims use certified return U.S. mail.

If you have a new medical problem or disability then you can file a new claim with VA for that new disability and again include the above type medical evidence I just discussed above.  A good VSO can tell you after checking your military records including medical if you can service connect your new disabilities. 

After you file a claim with the VA then the VARO will probably  schedule  a C&P exam for you to attend and you can also take copies of above medical evidence to show to the examiner.  It is their option to look at your evidence or not but never hurts to take it with you as it may help with your evaluation from the examiner.  Good luck.

Above information by me is not legal advice as I am not an attorney, paralegal, VSO or advocate.

Edited by Dustoff 11
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  • HadIt.com Elder

I agree with the above veterans.

If you want to have your current disabilities reevaluated  you will need to start a process of applying for increase  with your current  service connected Condition/or conditions.

Apply on 21 -526 ez for Increase on these said conditions. you need documentation from Qualified Dr to state they have read your medical records and examined you and it is their opinion your SERVICE CONNECTED condition has worsen and give an explanation as to why and how much worse the condition has PROGRESSED (WORSEN) since (date) usually the date you were diagnose.

you should be sent a letter from the VA  and they will let you know they recieved your application for increase  and will be notified for further instruction ( usually a C&P Exam will be scheduled  to determine if an increase is warranted. depends on the out come of this C&P. as to if you will be increased or stay the same rating.

Good Luck

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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I have filed for an increase without any new medical documentation, and was granted because my range of motion decreased, etc.  I knew it was getting worse and just filed for an increase.  They scheduled a C&P and I went and they measured my ROM and it showed worsening to the next rating for ROM.

Now, I also got rated at 0 for pain on a claim, which ROM did not play into the calculation for benefits.  In this case, I went to treatment, and then with those records, I requested an increase and was awarded a 10% rating.

So, you need to see how they are scoring whatever you are claiming an increase for and see if it makes sense.  

The good thing about claiming an increase for a 0 is you can't go down,

FWIW,

Hamslice

 

“There is no hook my friend. There's only what we do.”  Doc Holiday 

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  • HadIt.com Elder

Hamslice Quoted

'' They scheduled a C&P and I went and they measured my ROM and it showed worsening to the next rating for ROM.''

 Actually  This is considered medical documentation  without it you more than likely would not got an increase.

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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23 hours ago, Buck52 said:

Hamslice Quoted

'' They scheduled a C&P and I went and they measured my ROM and it showed worsening to the next rating for ROM.''

 Actually  This is considered medical documentation  without it you more than likely would not got an increase.

Buck, you are correct, however, I made the claim without any new evidence, just my opinion that my issue had gotten worse.

Then, the C&P produced the new evidence.

But, you have make the claim or nothing will happen,

Hamslice

 

“There is no hook my friend. There's only what we do.”  Doc Holiday 

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