question Is there a deadline for applying for a VA disability rating increase?

This is a veteran-related question from a JVHV member

BasicBee

New member
Isn't there a deadline for when you can apply for an increase on a disability? Is it one year from the date of the first decision? And if you're granted an increase, do they backdate your payments to the time of your initial claim?
 

Aceran

Member
There's no time limit on when you can apply for a higher evaluation. Each decision spells out what you need for the next higher rating, and you should only file for an increase once you meet those requirements.
 

troppy

Member
You wouldn't receive back pay going all the way back to your first claim. When you were initially rated, it was based on the criteria you met at that time. If you file for a higher rating and qualify, then your back pay starts from when you filed for the increase.
 

dVet

Member
Board Chair
You can apply for a higher rating anytime your service-connected disability gets worse, just make sure to bring new records and evidence (you can decide if it hits the next level or let them figure it out), or start with an Intent To File to buy yourself some time to gather everything you need for your increased claim.

Backpay would then start from when you submitted the Intent To File or the claim for an increase.
 

Finestal

Member
You don't have a strict timeline for requesting a higher rating; it's usually done when your condition gets worse. The 'effective date,' which determines when back pay starts, is the day you file for the increase.
 

CalVet

Member
If action is taken within a year following the decision, it should be made as an appeal through the Decision Review Form (VA Form 20-0995). For anything beyond a year after the decision, an increase should be filed by using VA Form 21-526EZ. In both cases, it's imperative to provide evidence substantiating the need for an increase.
 
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