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How Long Does It Take for My VA Disability Rating to Become Permanent?
Securing your VA disability rating and beginning to receive disability benefits can be a long and difficult process. Of course, you would like to believe that once you have navigated that process successfully, you can count on your benefits moving forward. However, most VA disability ratings are not permanent.
What that means for you will depend on a variety of factors, including your age, the nature of your disability, and the disability rating you have been assigned. Here’s what you need to know about when disability ratings are and are not permanent, what is required to secure a permanent VA disability rating, and how a VA-accredited disability benefits advocate can help.
VA Disability Ratings
When you are approved for VA disability benefits you will also receive a VA disability rating. The rating is based on the severity of your medical condition, and is typically determined using schedules that appear in the Code of Federal Regulations (CFR).
While the VA may conduct certain medical examinations or request specific tests, it is generally up to you and your disability benefits advocate to provide sufficient medical information to establish the full extent of your disability. After the VA has reviewed the medical evidence you submitted and conducted any tests or examinations they choose to schedule, you will be assigned a VA disability rating of between 0% and 100%. All disability ratings are assigned in increments of 10.
If you have more than one service-connected disability or have secondary-connected disabilities in addition to a service-connected disability, you will be assigned a separate rating for each of those disabilities. Then, the VA will use a formula to combine those ratings to assign you a single disability rating.
The Benefits of a Permanent Disability Rating
Being secure in your future income as a disabled veteran is one key benefit of a permanent disability rating. That matters at every level, but maybe especially important to those with a 100% VA disability rating. In part, that’s because the difference in monthly monetary benefits between even 90% and 100% is significant. However, that is not the only reason the permanence of your disability rating matters. Certain benefits, such as healthcare and educational benefits for dependents, are only available to those with a permanent 100% VA disability rating and in certain other limited circumstances.
When are VA Disability Ratings Permanent?
Most VA disability ratings are temporary. Depending on your circumstances, the VA may reevaluate your condition at any time within five years after your disability rating was assigned. If your condition has improved, your VA disability rating may be reduced.
Your disability rating generally becomes more set in stone as time passes. After five years, the VA’s ability to lower your disability rating is limited. However, you may still be reevaluated if your condition is continuing to improve or is expected to improve. If you have shown sustained improvement in your medical condition, your rating could still be reduced. If your VA disability rating for a particular condition has been consistent for at least 20 years, it cannot be reduced.
The VA is also less likely to reassess your disability rating as you age. The general rule of thumb is that the VA will not set you up for future medical examinations after the age of 55. However, there are certain exceptions, such as when the rating is assigned for a temporary medical condition.
Temporary Disability Ratings
Some disability ratings are temporary by their very nature. For example, a veteran who receives VA disability benefits for cancer will initially be assigned a 100% VA disability rating. However, that rating is intended to be temporary while the veteran is undergoing treatment for cancer. Six months after that treatment is complete, the veteran will be reassessed to determine whether residual effects of the cancer warrant and ongoing disability rating.
On the other hand, certain disability ratings are presumed to be permanent. For example, a veteran who has suffered certain amputations will typically be assigned a permanent and total disability rating.
What is the Process for Changing a VA Disability Rating?
If you disagree with the VA disability rating that is initially assigned to you, you may appeal that decision. If you choose to appeal your VA disability rating, you should speak with an experienced VA accredited disability benefits advocate before you take any action. Your advocate can help you determine why the VA assigned the rating that you believe is too low, and what type of medical evidence will likely be required to achieve the increase you are looking for.
You can also request a reevaluation of your disability rating later, if your condition has worsened since your disability rating was assigned.
VA Initiated Changes in Your Disability Rating
When the VA determines that a review of your medical condition is in order, they may adjust your VA disability rating. Usually, if your condition is largely unchanged, your rating will also remain unchanged. However, small improvements or deteriorations may impact your VA disability rating in either direction.
After this review, the VA will simply notify you of any change in your VA disability rating. However, as with other types of decisions concerning your VA disability benefits, you may appeal the change in your VA disability rating.
Get the Help You Need to Secure a Permanent VA Disability Rating
Permanent VA disability ratings are not the norm, but they are attainable in certain circumstances. Your best resource in attempting to secure a permanent VA disability rating is an experienced advocate who understands exactly what is required for the VA to determine that your condition is unlikely to improve.
At Veterans Help Group, our advocates work with disabled veterans and their families every day. We understand what type of medical evidence is required to establish the highest possible disability rating for your condition, and what factors the VA will consider in determining whether or not your VA disability rating should be considered permanent.
To learn more about how one of our VA-accredited advocates can help you put together the strongest possible claim for VA disability benefits or argument for increasing your VA disability rating, call us today at 855-855-8992 or fill out our contact form here.
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