What to Expect When Appealing a Low Disability Rating
VA will compensate a veteran who has proved they have a disability related to service. The amount of the monthly payment is determined based on the percentage of the disability rating. If you went through the process and believe the VA did not properly compensate you for a disability or disabilities, you can appeal a low disability rating to have that rating reconsidered.
At The VA Claims Lawyer, we highly recommend working with a disability attorney who can help you navigate this process. The VA’s appeal process can be challenging, time consuming and oftentimes frustrating for some veterans. Reach out to us now to learn a veteran’s rights after receiving a decision they do not agree with.
What Does It Mean If You Have a Low Disability Rating?
A disability rating is a determination by the VA about the severity of your disability or disabilities. The VA makes this decision based on the evidence presented in the claims file at the time of the decision. It can range from 0% to 100%, moving up in 10% increments. The higher this is, the less capable you are of working and the more financial support you will likely need. Additionally, there are higher levels of compensation called Special Monthly Compensation or “SMC” which represent a severe disability picture.
If you receive a 0% disability rating, that means it is a non-compensable disability. You will remain eligible for your VA benefits, but you will not receive additional compensation. If you have a rating of 10% or higher, that means you will receive monetary benefits. They should begin coming to you within a matter of weeks of the rating decision granting the benefit.
A low disability rating means:
The VA has determined that your injury is not disabling to the point where increased monetary payments are in order.
Since the VA rating determines the amount of your disability benefits payment, you want to ensure this is the most accurate depiction of your disability needs.
What Is a VA Disability Appeal?
If you do not agree with your disability rating, you can file a VA disability appeal. The appeals process allows for the VA to take a second look at your details, providing a way for you to show additional support for your claim. The process is overall the same as filing a claim, but there are a few things to note.
First, you will receive a decision letter in the mail. This decision letter will provide specific information about the low disability rating. It also should provide information about why they made this decision. It is very common for the VA to state they do not have enough information to show that your disability has worsened. That may mean you need to provide additional evidence of the symptoms you have.
You can request a Higher-Level Review to take a second look at your rating. You may want to choose this method if you believe that the information you provided was thorough and should have led to the acceptance of your claim.
A Supplemental Claim is a secondary option. This method is best to choose if you have additional information that you want to submit as evidence to hopefully improve your disability rating.
The third option is a direct appeal to the Board of Veterans Appeals, which could include a hearing with the presiding official.
There Is a Deadline for Your VA Disability Appeal
The letter you receive from the VA providing your disability rating will also contain more information, including the formal steps for requesting an appeal as well as the date by which you can appeal the decision. In most situations, you have 1 year from the date listed on the decision letter to file an appeal. This applies to both a Higher-Level Review and a Board Appeal. In some situations, this deadline may be shorter. Read the letter provided to you to fully understand what your limitations are.
What Type of Evidence Can You Use in a Supplemental Claim?
If you want to increase your disability rating, you need to provide information that clearly demonstrates that your disability has worsened. If you decide that you wish to make a supplemental claim, you will need to provide any information available to you that can justify this claim. This includes:
Documents that state the clear diagnosis of your condition.
Documents from a doctor that clearly state the severity of the condition.
The VA is required to help you. That is, if your medical care was provided through the VA, they should help you obtain the medical records and documentation you need to demonstrate the symptoms of your disability.
An underrated VA disability claim is something to take action on. If you believe your disability or disabilities have worsened or hinder employment know you cannot work, you need to take the steps necessary to get help. We can help you.
At The VA Claims Lawyer, we will work with you to determine what steps you can take to increase your disability rating. If you feel that your rating is not accurate for any reason, we encourage you to reach out to us immediately for help.
Why Choose Our Legal Team to Support You in Your VA Disability Appeal?
At The VA Claims Lawyer, we work very closely with our clients to ensure they have the best possible outcome in their case. We know how important it is for you to get the compensation you are owed at a time like this. At the heart of what we do is to support our clients and their best possible outcome.
Our promise to you is: No fee unless you win.
You have so much on the line right now, let us help you. Contact The VA Claims Lawyer for immediate help. Request a free case review by calling us at 877 VET FILE (877 838 3453) to get accurate information about your VA Claim. We work with clients throughout the US, providing them with accurate insight into their legal rights.