How to Upgrade VA Disability Benefits

By Terry Smith

If you're receiving Veterans Administration (VA) disability benefits, and you think you should be entitled to more, there's an appeal process available to you. Appeals are best filed within the 60-day period following the date of initial notification of your final rating, as opening up previously closed cases can take additional time. If you are unable to do that, however, you can still appeal your rating to the VA.

If you don't agree with the VA's findings, appeal the decision in writing within 60 days of being notified. Attach a statement outlining which findings you disagree with and the reasons for your disagreement. If you disagree based on a diagnosis from your personal physician, include that diagnosis in your appeal. Regardless of the merit of your doctor's diagnosis, however, the VA will use its own specialists to reexamine you. Any upgrade will be based on these findings.

Appeal your rating to the VA even if you are unable to file within the initial 60-day period. However, you'll want to have good reasons for not having filed in time. The best reason for filing late is that you weren't aware of the injury, or at least the severity of it, until after the appeal period expired.

Engage an organization such as the Disabled American Veterans (DAV) to assist you with your VA claim. DAV representatives have a great deal of experience working with the VA on disability claims, and they can advise you as to your best course of action. In particular, they can review your case and help you decide if you have a valid cause for upgrading your disability.

Attend hearings on your claim at your VA center. If you're unable to attend, a representative can attend in your place. This is another reason it's a good idea to have someone represent you.

Be sure to respond to VA correspondence related to your claim as soon as you receive it. You have 60 days to respond to requests for information about your claim. But the faster you respond, the faster the VA can finish your evaluation, and the faster your rating can be upgraded.

Ensure that you make your scheduled claim-related VA appointments promptly. The VA might allow you to reschedule a missed appointment. But missing an appointment may lead the VA to believe you're no longer actively pursuing your appeal, which will result in denial of claim.

For additional information, call the VA help line at 1-800-827-1000.

If you need help building your case, get VA instruction page VAOPGCPREC 4-2001 from the VA homepage.

By law, the VA must consider your appeal, although the evaluation process can sometimes take several years, even when you have a service-related disability. If the VA finds in your favor, you'll be compensated accordingly, including retroactive pay.

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