What Happens If A Veteran’s Disability Worsens? | Jackson & MacNichol Law Offices

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What Happens If A Veteran’s Disability Worsens?

Published on September 18th, 2017

Once a claim for veterans’ benefits has been reviewed by the DVA and approved, a disability rating is assigned based on the severity of the injury or disability. At the outset, if the rating is not satisfactory, veterans’ benefits lawyers in Ohio can file a notice of disagreement. What happens in the event the initial rating seems fair but the disability worsens over time?

It’s never too late to appeal:

It is never too late to ask for a higher rating. It is actually quite simple to do so, there is no special form required, a letter to the DVA stating the disability has worsened and a request for a higher rating is all you need.

Now comes the hard part:

Although the request is very informal, the veteran must support the claim. To do so, all medical records that show a worsening of the condition must be submitted. It is common for the DVA to insist the veteran gets an examination to support the claim, attendance of the “compensation and pension” exam is mandatory. The results of this examination are what are used by the DVA to confirm or question the assertion that the disability has worsened.

Claims for an increased rating can be quite tricky; at this point many applicants consult with veterans’ benefits lawyers in Ohio. The claimant must know what the requirements are based on the codes used by the DVA. The veteran will not get very far if the only basis for the request is that “the pain is getting worse.”

The DVA do not take this type of comment into account when deciding if a higher rating is warranted. If this type of comment is all the veteran has, chances of receiving a rating upgrade are slim. This is a perfect example of why having a veterans’ benefits lawyer is so important.

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