If you have received a disability rating from the Department of Veterans Affairs, it is possible that you have not looked over that rating since you first got it. However, there is a possibility that you may be able to appeal your disability rating, increasing the amount of benefits you receive in the process. But when is the right time you appeal your disability rating?
What is a Disability Rating?
A VA disability rating is how the Department of Veterans Affairs represents the degree to which someone is impaired by their service-related disabilities. This rating is represented as a percentage, so someone may be considered 10% disabled, 20% disabled, 50% disabled, all the way up to 100% disabled for the most severe disabilities. People may also have higher disability ratings if they have multiple disabilities resulting from their military service.
Why Might You Want to Appeal Your Disability Rating?
There are a few reasons you may want to appeal your disability rating. First, if you have recently received your rating, you may believe it is too low and you want to appeal it to see if you can get it higher. However, you may also seek to have your disability rating increased if your condition has worsened since you first received your rating. You may also be able to appeal if new medical or scientific evidence has emerged that links a medical condition to your service, which was previously considered not service-related.
When Should You Appeal?
In theory, you can appeal your disability rating at any time after you have successfully applied for disability benefits. However, in order to have a chance of your appeal succeeding, you need some rationale to justify increasing your rating. This means either appealing right after you receive your rating, or after your condition or circumstances have changed enough to warrant an appeal. Alternatively, if new medical or scientific evidence has emerged that can help prove your case, that may also be grounds for an appeal.
What Should You Do?
To have the best chance of success at an appeal, you need to speak to a lawyer with experience handling veterans disability claims. They can help review the circumstances of your case and ensure you get the best possible outcome for your circumstances. The sooner you get in contact, the sooner they can get to work on your behalf.
If you or a loved one need assistance applying for SSDI or SSI benefits, it is important that you seek the guidance of an experienced Social Security Disability benefits lawyer. The lawyers at Sullivan & Kehoe, LLP have over 50 years of combined experience between its attorneys and are available to you or your loved one in obtaining Social Security Disability or Supplemental Security Income benefits. To schedule a consultation with our New York Social Security Disability benefits lawyers, call (631) 823-7155.
