What do you do when your service-connected disability has gotten worse and you believe the VA should increase your rating?
You can file for an increase but you have to use the right form or the VA will scratch your claim right off their enormous claims backlog to-do list.
I have to set this up properly because what I’m about to say won’t apply to every situation. And it’s frustrating that I have to do this because it’s just further proof that this entire VA process is so unnecessarily complicated.
Let’s say you have a service-connected disability and the last VA decision on that disability was made more than one year ago. In the eyes of the VA, this decision is final and you cannot appeal it anymore.
When your disability gets worse and you feel like you’ve crossed into a higher percentage rating category you can absolutely ask the VA to increase your rating. The way to do that is by filling out VA Form 21-526EZ. This is the same form that you use to file an initial claim. In section 4 on that form write your disability, write that this is a claim for increased compensation, and write the approximate date your disability began to get worse. It doesn’t have to give an exact date, month and year, or even just a year is fine.
As the instructions on the form point out, you will need medical or lay evidence that your disability has gotten worse. If you can’t afford to get the medical evidence, you can use lay evidence to make the VA give you a C&P exam.
That’s the right way to file for an increase. You may think you can ask for an increase by using the VA’s supplemental claim form 20-0995. You cannot.
I want to be very careful here because this can get confusing. If you have been granted service connection and your last decision was more than one year ago, use form 21-526EZ (Application for Disability Compensation and Related Compensation Benefits). If you are still fighting just to even get service connection, then use form 20-0995 (Supplemental Claims) no matter when the last decision was, 4 months, 1 year, 10 years. Doesn’t matter, in that case, use the supplemental claim form.
Ok, I hope that wasn’t too confusing. If you want me to help you with your VA claim you can reach out to me through the links on this website.