Increasing a VA disability rating, especially from 50 to 70 VA Disability Rating, can be a challenging struggle. Veterans nationwide often face a lengthy process of applying, appealing, and appealing again to achieve the coveted 50 to 70 VA Disability Rating needed for essential benefits. Unfortunately, this journey to secure a 50 to 70 VA Disability Rating can span years or even decades. Moreover, the VA often resets a veteran’s claim to square one with each appeal submission, further complicating the path to this crucial rating increase.
Many veterans have specific goals when first applying for VA benefits. They understand the severity of their injuries or disabilities and the monthly compensation needed to support themselves and their families. When veterans achieve a 50 percent rating but recognize the need for a 70 percent increase, they’ve taken the first crucial step towards their goal.
Veterans in this situation often:
By focusing on these steps, veterans can work towards securing the benefits they need and deserve.
Now the veteran needs to gather the proper documentation and present it in a way the VA will understand.
The claims file (or C-file) is one of the most important, if not the most important, document in a VA disability claim. A C-file is generated once a claim is filed with the VA. It contains all records submitted to the VA in support of a disability claim. It’s easy to request one from the VA and helpful to do so before appealing. Sometimes the records contained within a C-file are incorrect, incomplete, or belong in a different veteran’s file. Other times, documents a veteran sends to the VA are lost and never entered into evidence when a claim is decided.
Once a veteran has looked over his or her C-file, it will be easier to know which gaps to fill when appealing a decision. There may be medical records to be tracked down or buddy statements to request that will strengthen the case. It will also increase the probability of receiving a higher rating.
Moving from a 50 to 70 VA disability rating significantly boosts monthly payments. Moreover, a higher combined rating increases your chances of receiving total disability based on individual unemployability if your service-connected disabilities prevent work.
Two main ways exist to reach a 70 percent overall disability rating:
For mental health claims, you must show deficiencies in most areas. These may include:
Demonstrating these issues can help you achieve the 70 percent rating, whether you’re already service-connected for mental health or applying for the first time.
Second, you can get a combined total evaluation of 70 percent. The VA does not add up your percentages to reach the combined total evaluation. Rather, they multiply them together, so this method can require multiple disabilities to be increased to reach 70 percent. You can also seek service connection for additional disabilities. For example, if you have sleep apnea and use a C-PAP machine, you may receive a 50 percent evaluation for that condition alone.
After your claim has been denied or you receive an inadequate disability rating, it’s important to get your appeal right the first time. This way you can avoid spending years appealing over and over again.
There are many places to look for assistance, from blogs like this one to books, online message boards, and even Facebook groups. But none of these compare to working with the right veterans’ law attorney.
Berry Law was founded by John Stevens Berry, trial lawyer and Vietnam veteran. His efforts to help his fellow service members after his return to the states continue to this day. Many of our attorneys have served in the military, using their experience to help fight the next battle for clients.
If you are appealing a disability claim, contact us today. Your consultation is free.
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