The Department of Veterans Affairs provides compensation to veterans for “service-connected disabilities.” This includes physical and mental health conditions that began during active-duty, were caused by active-duty, were aggravated by military service, and were caused by another service-connected condition, i.e. a secondary service-connection. A veteran makes a claim for benefits for disabling conditions and the VA determines if that condition is service-connected and, if so, to what degree, using the rating schedule that is established by Congress. The ratings for each service-connected condition are then combined to give a veteran their combined disability rating.
The VA can deny service-connection for a variety of reasons. When this happens, veterans can appeal the initial decision by way of a Higher Level Review or can submit additional information for the VA to re-consider their decision through a Supplemental Claim. So long as these new filings are done within a year of the first decision, when a combined rating is increased, the veteran can receive back pay at the new award rate dating back to when the original claim was filed.
As time passes and conditions worsen, a veteran can also submit a Supplemental Claim to increase their rating for conditions that are already service-connected. With this type of claim, it is important to submit medical evidence that shows your symptoms have increased in a way that shows you should be rated in a higher category under the rating schedule.
Veterans can also request a hearing with the Board of Veteran Appeals where a judge, and not the VA, determines the legal issues in your claim which can include service-connection. There is also an opportunity to appeal these decisions to the Court of Appeals of Veterans Claims.
With the many avenues available to veterans to increase their ratings, an attorney accredited to represent veterans with the VA, Board of Veteran Appeals, and Court of Appeals of Veterans Claims can be an invaluable asset. Accreditation requires specialized training and has yearly continuing education requirements. As an accredited VA attorney, Kate Swedlow has extensive knowledge of the VA claims process, can locate and identify crucial evidence that a veteran may overlook, creates and files legal memoranda in support of veteran claims, tracks deadlines, and advocates at all stages for veteran clients.
