Has Your Service-Connected Condition Gotten Worse?
What Veterans Should Know About VA Increased Rating Claims
Receiving a VA disability rating is an important step, but that rating does not necessarily remain the right rating forever.
Service-connected conditions can change over time. Chronic pain may become more limiting. A knee or back condition may begin interfering with work or everyday activities. PTSD or another mental health condition may create symptoms that are more frequent or severe than they were when VA originally evaluated the claim.
When that happens, a Veteran may be able to request an increased VA disability rating.
What Is a VA Increased Rating Claim?
An increased rating claim is different from filing a new claim for a new disability.
If VA has already determined that a condition is service connected, but that condition has become more severe, a Veteran can file a claim asking VA to reevaluate the disability and assign a higher rating.¹
The key issue is generally not whether the condition is service connected—that has already been established. Instead, the focus is on the current severity of the disability and whether the Veteran's symptoms now meet the criteria for a higher rating.
Evidence Matters
Simply telling VA that a condition has gotten worse may not be enough.
VA instructs Veterans seeking an increased rating to provide current evidence demonstrating that the disability has worsened. Depending on the condition, that evidence might include:²
- Recent VA or private medical records
- Test results or treatment records
- Statements from medical providers
- Statements from the Veteran describing worsening symptoms
- Lay statements from a spouse, family member, coworker, or another person who has observed the changes
VA may also schedule a Compensation and Pension, or C&P, examination when additional information is needed to determine the severity of the disability.³
This is why documenting symptoms can be so important. A disability may affect far more than what appears during a short medical appointment. Limitations at work, difficulty performing everyday activities, frequency of flare-ups, and other functional effects can all help provide a more complete picture.
The Date You File Can Matter
Timing can also affect potential benefits.
VA's effective-date rules provide that, in certain circumstances, an increased rating may be effective from the earliest date it is factually ascertainable that the disability increased in severity, provided the claim is received within the applicable one-year period.⁴ An Intent to File may also preserve an earlier filing date when the requirements of VA regulations are satisfied.⁵
That makes waiting potentially significant.
For example, if medical evidence clearly documents that a service-connected condition became more severe several months ago, the timing of the increased-rating claim could affect the amount of retroactive compensation available.
Every situation is different, so Veterans should be careful not to assume that VA will automatically recognize an earlier effective date.
A Higher Rating Is Not Automatic
A worsening condition does not necessarily mean VA will assign a higher percentage.
VA assigns disability ratings based on applicable rating criteria, the evidence submitted, information obtained from other sources, and, when necessary, the results of a C&P examination.⁶ The evidence generally needs to demonstrate that the Veteran's current symptoms and functional limitations satisfy the requirements for the higher evaluation.
That distinction is important. The question is not simply, “Do I feel worse?”
The question becomes, “Does the evidence show that my disability now meets VA's criteria for a higher rating?”
Understanding what evidence is relevant before filing can make a meaningful difference.
What If Your Disability Is Affecting Your Ability to Work?
For some Veterans, worsening service-connected disabilities may create significant employment problems.
If service-connected conditions prevent a Veteran from securing or maintaining substantially gainful employment, the Veteran may also need to consider whether Total Disability based on Individual Unemployability (TDIU) is appropriate.⁷
TDIU can allow qualifying Veterans to receive VA disability compensation at the 100% rate even though their service-connected disabilities have not been assigned a combined 100% schedular rating.
This is a separate analysis, and eligibility depends on the Veteran's individual circumstances.
You Do Not Have to Navigate the Process Alone
Your VA disability rating should reflect the severity of your service-connected condition based on the evidence and applicable VA rules.
If your condition has changed since VA last evaluated it, it may be worth reviewing your current rating, medical evidence, and available options before deciding what to file.
At Obsidian Ridge Law, we help Veterans understand the VA claims process and determine the next steps based on their individual circumstances.
If you have questions about your VA disability rating or believe a service-connected condition has worsened, schedule a free 15-minute consultation with Obsidian Ridge Law.
¹ U.S. Department of Veterans Affairs, Types of Disability Claims and When to File, explaining that a Veteran may file an increased disability compensation claim when an already-rated service-connected disability has worsened.
² U.S. Department of Veterans Affairs, Evidence Needed for Your Disability Claim, explaining the evidence requirements for increased claims, including current medical evidence and lay evidence.
³ U.S. Department of Veterans Affairs, VA Claim Exam (C&P Exam), explaining that VA may request a C&P examination when additional information is needed to decide a claim or evaluate the severity of a disability.
⁴ 38 C.F.R. § 3.400(o)(2) (addressing effective dates for increases in disability compensation when an increase in disability is factually ascertainable within the year preceding the claim).
⁵ 38 C.F.R. § 3.155 (governing Intent to File procedures and circumstances in which an Intent to File may preserve the effective filing date of a subsequently completed claim).
⁶ U.S. Department of Veterans Affairs, About Disability Ratings, explaining that VA considers submitted evidence, C&P examination results when required, and other information when assigning disability ratings.
⁷ U.S. Department of Veterans Affairs, Veterans Benefits Administration, Individual Unemployability, explaining that qualifying Veterans whose service-connected disabilities prevent substantially gainful employment may receive compensation at the 100% rate.
