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Posted By George Sink, P.A. Injury LawyersWashington (CNN) – The leader of a major veterans group is urging President Donald Trump to “reconsider” his appointment of a Defense Department official to serve as the acting secret...
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How to Increase Your VA Disability Rating in West Virginia
Our West Virginia VA benefits attorney is prepared to fight for you to receive the disability rating you deserve.
Over time, a disabled veteran’s condition may grow worse. When a disability worsens a disabled veteran deserves greater compensation for the increased disability. Increased disability requires an upward adjustment to the vet’s disability rating, which can mean an increase to the amount of disability compensation provided.
Unfortunately, disabled veterans face an overworked and slow government bureaucracy when pursuing appeals with the VA. What is actually designed to be a simple process can take years and ultimately fail over the smallest discrepancy.
It is easy to find out if yours is the right case. Our veterans law attorneys can assess if we can help you appeal your VA disability rating when your medical condition grows worse or in an appeal of a rating that has been incorrectly determined.
We know the VA bureaucracy and what evidence is required to obtain favorable decisions for disabled veterans. We can also help veterans obtain expert opinions from our network of consultants to help raise VA disability ratings.
Contact the Veteran Benefit Attorneys Today if You Need Help Increasing Your VA Benefits in West Virginia!
Your disability rating is directly tied to the compensation you receive from the VA. Contact George Sink, P.A. Injury Lawyers for assistance with obtaining a higher VA disability rating. You do not have to go it alone. We want you to have ALL of the VA compensation you deserve. No fee if no recovery.
Good Results. Happy Clients.
“I could see right away the first time I spoke to somebody that I did the right thing.”- Robert W. -Disabled Vet- Actual Client¹
“The government makes it hard to get your benefits but George Sink injury lawyers made it easy.”- Julius F. -Disabled Vet- Actual Client¹
“I really felt for the first time somebody was in my corner. He’s a Veteran and I’m a Veteran. That’s why I called George Sink.”- Alvin A. -Disabled Vet- Actual Client¹
How to Increase your VA Disability Rating in West Virginia
Once a claim for veterans’ disability benefits has been granted, a veteran can request that the VA rating of a service-connected disability be increased at any time. The VA knows that many conditions grow worse, and it knows that it has a large population of aging beneficiaries.
A disabled veteran who is service-connected for their physical and/or mental disabilities need only ask the VA for a review of their rating and provide evidence of the worsening of their condition. By law, medical records from a VA hospital or other military service hospital reflecting hospitalization or treatment, or records from private or public medical institutions, serve as evidence if they show worsening of the veteran’s condition. Statements from a disabled veteran explaining how their condition has worsened may also serve as evidence.
The VA still must evaluate the claims process, but because service-connection has already been established, the VA focuses only on medical evidence and the potentially increased rating. The VA may also require the vet to undergo a medical exam by one of its appointed physicians.
If the veteran was treated by a VA or military service health care facility, the request for a disability rating increase requires only one form, Form 21-526b, which asks for the name(s) of the site(s) of treatment so they may be contacted. If treatment was in a civilian facility, Form 21-4142 is also required to authorize the release of records and/or for physicians to confer with the VA.
However, the timing of the request for a disability ratings change is vitally important. If it has been more than a year since benefits were granted, a standard request for reevaluation of the disability rating can be made, as described above. If it has been less than a year, the request becomes an appeal, which is a much more complex process.
As Veterans Law attorneys assisting disabled veterans, we at George Sink, P.A. Injury Lawyers navigate the confusing appeals process for our clients. This saves time and headaches, and may put additional money your hands sooner.
Seeking a 100% Disability Rating through ‘Individual Unemployability’ in WV
To determine qualification for benefits, the VA rates the extent of each veteran’s service-connected disability in 10% increments from 0% to 100% (i.e., 10%, 20%, 30%, etc.). Most veterans, particularly as they age, have multiple disabilities, which the VA rates as “combined disabilities.”
However, the combined disabilities ratings calculation is not a straight-forward additive system. For example, a disability rated at 20% and a second one rated at 30% yield a combined rating of 44% according to the VA’s Combined Ratings Table, not 50% as might be expected.
Further, once a disability rating of 80% is achieved, each additional disability increases the combined rating by only 2% for each 10% of rating. For example, a rating of 80% and 10% combines for 82%, 80% and 20% combine for 84%, etc. These are just some of the things we know and you don’t want to find out on your own – believe us!
The VA makes achieving a 100% disability rating difficult, regardless of the veteran’s injuries or illnesses. However, the VA will pay certain veterans 100% disability compensation, even though VA has not rated their service-connected disabilities at the total level.
This compensation program is known as Total Disability for Individual Unemployability (TDIU). It is meant for disabled veterans who cannot hold jobs due to frequent hospitalization or other factors related to their service-connected disability.
A disabled veteran whose disability rating is not as high as it should be may be able to obtain TDIU compensation at a 100% disability rate.
Individual unemployability requires the veteran to have one disability rated at 60% or more, or if more than one disability exists, one disability ratable at 40 percent or more and a combined rating of 70 percent or more. However, the VA will also grant the TDIU benefit to veterans who don’t meet the rating requirements, although the evidentiary requirement is slightly higher.
Any veteran who has been unable to find and keep a job that provides substantially gainful employment should explore TDIU — total disability rating for individual unemployability.
The veterans’ disability lawyers of George Sink, P.A. Injury Lawyers are here to discuss requesting TDIU from the VA with you and help you compile evidence the VA would require for such as disability rating. This may include (ADD: many things, such as) obtaining job records and employers’ or former / prospective employers’ affidavits, as well as medical records and expert vocational consultant reports.
Increase VA Disability Rating in West Virginia: We’ll Fight You
The disability rating the VA assigns is key to the amount of compensation you receive as a disabled veteran. If you deserve a higher disability rating, and thus more money, we at George Sink, P.A. Injury Lawyers want to help you get it.
Our veterans’ disability lawyers can help disabled individuals work through the sometimes difficult, confusing and time sensitive rules to receive the full benefit they have coming from the government. We stand ready to guide you or your disabled loved one through the what you know are often extremely upsetting government rules and procedures. We have experience with the VA Compensation Appeal System for disabled veterans, and know the kinds of evidence required to obtain positive outcomes to appeals with as little delay as possible.
Call George Sink, P.A. Injury Lawyers today to help file your claim and see whether your disability rating should be higher. We want to see veterans get ALL of the benefits they deserve.
Don’t go without benefits you are due. Don’t make a mistake that could cost you thousands. Don’t fight the VA alone. You are not alone. Call George Sink, P.A. Injury Lawyers now.