How to Request a VA Rating Increase

When to File for a Rating Increase

You file for a rating increase when your service-connected condition has gotten worse since your last VA rating decision. The VA rates disabilities based on their current severity, not what they were like years ago when you first filed. If your back pain has progressed from occasional flare-ups to constant daily limitations, or your PTSD symptoms have intensified and now interfere more with your work and relationships, it's time to request an increase.

The key here is current severity. The VA doesn't care that you toughed it out for years or that you've been managing symptoms without complaining. They rate what your condition looks like right now and how it impacts your ability to function.

How the VA Determines Your Rating

The VA uses the Schedule for Rating Disabilities found in 38 CFR Part 4 to assign disability ratings. This regulation contains specific Diagnostic Codes (DCs) for every type of condition the VA rates. Each DC has detailed criteria that correspond to different rating levels: 0%, 10%, 30%, 50%, 70%, or 100%.

For example, if you have degenerative arthritis of the spine, the VA uses DC 5242. Under this code, a 10% rating requires "forward flexion of the thoracolumbar spine greater than 60 degrees but not greater than 85 degrees," while a 20% rating requires "forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees."

The VA doesn't just guess at ratings. Every percentage has specific, measurable criteria. Your job is to understand these criteria and show how your current condition meets the requirements for a higher rating level.

Know Your Diagnostic Code

Pull out your most recent rating decision letter right now. Look for the section that lists your service-connected conditions. Next to each condition, you'll see a percentage and a four-digit number. That number is your Diagnostic Code.

Once you know your DC, look it up in 38 CFR Part 4. Read the criteria for your current rating level, then read the criteria for the next higher level. That higher level becomes your target. You need to gather evidence showing your condition now meets those more severe criteria.

If you're currently rated 30% for your knee condition under DC 5260, read what the 50% criteria requires. Maybe it's "marked limitation of flexion or extension." Your medical records and C&P exam need to document that marked limitation.

Evidence You Need for an Increase

Recent medical records are your foundation. The VA wants to see current treatment notes, imaging studies, lab results, and specialist reports that document the worsening of your condition. Records from the past year carry the most weight, but anything within the past two years is relevant.

Lay statements are equally important. Write a detailed statement describing how your condition has worsened and how it impacts your daily life. Be specific about limitations. Instead of "my back hurts more," write "I can no longer lift my grandchildren, I need help putting on socks, and I have to take breaks every 10 minutes when doing yard work."

Buddy statements from family, friends, or coworkers who have witnessed your condition worsen can support your claim. They should describe specific changes they've observed in your abilities and functioning.

How to File Your Increase Request

Use VA Form 21-526EZ to request an increase. In the section asking about your disabilities, select "increase" for your existing service-connected condition rather than filing for a new condition. You can file online through VA.gov, by mail, or in person at your regional office.

After you file, the VA will likely schedule you for a new Compensation and Pension (C&P) exam. This exam is crucial because the examiner's findings will heavily influence whether your rating increases.

C&P Exam Strategy for Increases

Describe your condition honestly as it exists on your worst days, not your best days. The VA needs to understand the full impact of your disability. If you have flare-ups, explain their frequency, duration, and how they affect your ability to work and function.

Don't minimize your limitations. If your PTSD causes you to avoid crowds, say that. If your shoulder injury prevents you from lifting more than 10 pounds, demonstrate that limitation. The examiner needs to see how your condition restricts your daily activities and employment.

Bring a list of all your current symptoms and medications. Mention any side effects from medications that impact your functioning. These details help paint a complete picture of your disability's current severity.

Understanding the Risk

Here's something many veterans don't realize: when you file for an increase, the VA can also decrease your rating if the new exam shows your condition has improved. This doesn't happen often, but it's legally possible.

However, you have some protection. Under 38 CFR 3.344, if you've held a rating for five or more years, the VA cannot reduce it unless they can prove your condition actually improved. If you've held a rating for 10 or more years, you have even stronger protections.

Protected ratings provide significant security, but they don't prevent increases. If your 10-year-old 30% rating has clearly worsened to 50% levels, you can still pursue the increase with minimal risk of reduction.

Temporary 100% Ratings

If you need surgery or hospitalization for a service-connected condition, you may qualify for a temporary 100% rating under 38 CFR 4.30. This regulation provides 100% compensation during periods when you're unable to work due to treatment of your service-connected disability.

The temporary rating typically lasts for the duration of hospitalization plus a recovery period. For major surgeries, this can mean months of 100% compensation while you heal. You don't need to file a separate claim for this; inform the VA about your upcoming surgery or hospitalization.

Take the Next Step

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This article is for educational purposes only and does not constitute legal advice. For personalized guidance on your VA claim, consult with an accredited VA attorney or claims agent.