Any veteran who becomes disabled as a result of their benefits is potentially eligible for veterans’ disability benefits through the Department of Veteran’s Affairs (VA). The benefits they receive is dependent on their disability rating, which is originally determined when they first get approved for benefits. However, a disability rating is not always static, and can be changed on review. So why should someone consider getting their disability rating reviewed?
- Your disability is mistakenly misattributed
- One of the most common reasons for getting a lower disability rating than you should is because your disability was attributed to something other than your military service. Your disability rating is only based on service-related disabilities, so if your disability came from elsewhere, you do not get VA benefits. Correcting this error can be a good reason to get your case reviewed.
- The original disability assessment was wrong
- Another reason to get your disability rating reviewed is because they initially underestimated the degree to which your disability was hindering you. The disability rating is based on the extent to which your disability impairs your ability to function. Correcting this mistake is a common reason to have your claim reviewed.
- New medical evidence has come to light
- Your claim may originally have been denied or underestimated due to a lack of medical evidence. This could have been the result of an error on the part of your doctors, or a paperwork mistake, or a simple result of inadequate testing due to technological limitations. If you have new medical evidence about your condition, that can be a good reason to have your disability rating reviewed.
- The scientific consensus has changed
- Another good reason to have your case reviewed is that the scientific consensus about your disability has changed. Disability evaluations are based on the most current scientific understanding about medicine available at the time, but science is constantly evolving. Times may have changed enough that you can get your disability rating reviewed, improving the amount of benefits you are entitled to.
- Your condition has worsened over time
- Finally, your disability rating may have been accurate at the time you initially received it, but your condition has worsened over time. So long as your condition is still related to a service-related disability, you will still be entitled to compensation for your worsening disability. That is why, if any of these problems applies to your case, you should contact a lawyer with knowledge of veterans’ disability law, who can help you with your appeal.
The attorneys of Sullivan & Kehoe place a special focus on assisting disabled veterans. Our veterans’ disability lawyers are still available for remote consultation on your legal issues. Call our office at (800) 395-7830 to schedule a consultation in our New York City, Garden City, Kings Park, Riverhead, or White Plains office, or visit our contact page.