- Start With a Rating Audit
- Strategy 1: Increased Rating Claims
- Strategy 2: Secondary Service Connection
- Strategy 3: Separately Rate Complications
- Strategy 4: The Bilateral Factor
- Strategy 5: TDIU
- Strategy 6: Supplemental Claims With New Evidence
- Strategy 7: Special Monthly Compensation
- Strategy 8: Better Medical Documentation
- Protections to Be Aware Of
- Frequently Asked Questions
Start With a Rating Audit
Before filing anything, the highest-leverage action is to audit your current rating profile. Pull your most recent VA decision letter and the Schedule for Rating Disabilities for each service-connected condition. Compare what is rated against what your medical records show. The goal of the audit is to identify:
- Conditions that have worsened since the last rating
- Complications or neurological abnormalities that are not separately rated
- Plausible secondary conditions that have developed
- Paired extremity conditions where the bilateral factor should apply
- Whether any condition's diagnostic code criteria align with a higher tier than currently assigned
- Whether TDIU eligibility thresholds are met
The audit usually surfaces multiple opportunities. Pursuing them in the right order - and with the right evidence - is what separates productive claims activity from ineffective filings.
Strategy 1: Increased Rating Claims
An increased rating claim is the request that the VA re-evaluate a service-connected condition at a higher percentage based on worsening symptoms. The claim is filed on VA Form 21-526EZ, identifying the specific condition and the basis for the increase.
The strongest increased rating claims are supported by:
- Recent medical records demonstrating worsening - new imaging, lab results, exam findings, or specialist evaluations
- Documented changes in treatment - new medications, increased dosages, surgical interventions
- Specific alignment with the criteria for the next rating tier under the relevant diagnostic code
- Functional impact statements describing how the worsening affects work and daily activities
Effective dates for granted increases can extend up to one year retroactive to the date of claim under 38 CFR 3.400(o)(2) if the medical evidence shows entitlement to the higher rating arose during that earlier period.
Strategy 2: Secondary Service Connection
Secondary claims are often the highest-leverage path to a higher combined rating because the medical literature supports many well-established secondary pathways. Common secondary clusters include:
- From service-connected PTSD - hypertension, sleep apnea, GERD, erectile dysfunction, irritable bowel syndrome, migraines, depression
- From service-connected diabetes - peripheral neuropathy (often bilateral), retinopathy, nephropathy, erectile dysfunction, peripheral vascular disease, hypertension
- From service-connected musculoskeletal conditions - contralateral joint conditions, lumbar spine progression, radiculopathy, plantar fasciitis
- From service-connected TBI - migraines, depression, anxiety, sleep disturbance, vestibular dysfunction
- From service-connected hearing loss/tinnitus - sleep disturbance, anxiety, depression, vestibular issues
Each secondary claim requires a nexus letter under 38 CFR 3.310 articulating the medical pathway. The pursuit of secondary claims should be systematic, not piecemeal - many veterans pursue one secondary at a time over years when several could be pursued simultaneously.
Strategy 3: Separately Rate Complications
Several diagnostic codes contain "Note 1" language directing raters to separately evaluate associated abnormalities. The most consequential examples:
- Spine ratings under 38 CFR 4.71a - associated neurological abnormalities (radiculopathy, bowel/bladder issues) are rated separately under 38 CFR 4.124a
- Diabetes under DC 7913 - peripheral neuropathy, retinopathy, nephropathy, erectile dysfunction, and other complications can be separately rated
- Heart conditions - hypertension, when present, is rated separately
- Mental health conditions - while a single mental health rating typically subsumes related symptoms, distinct comorbid conditions can sometimes be rated separately when the diagnoses meet DSM-5 criteria for separate disorders
Veterans should review every "Note" in the diagnostic codes that apply to their service-connected conditions. A separately ratable complication that is currently subsumed under a single rating represents a missed opportunity to combine into a higher overall rating.
Strategy 4: The Bilateral Factor
The bilateral factor at 38 CFR 4.26 adds a 10 percent adjustment to the combined value of paired extremity disabilities. When a veteran has compensable disabilities affecting both arms, both legs, or paired skeletal muscles, the factor must be applied. Common scenarios:
- Bilateral knee, hip, ankle, or shoulder conditions
- Bilateral plantar fasciitis
- Bilateral lower-extremity radiculopathy or peripheral neuropathy
- Bilateral upper-extremity conditions (carpal tunnel, shoulder)
The bilateral factor is sometimes overlooked by raters. Veterans should verify that their decision letters explicitly apply 38 CFR 4.26 when paired extremities are service-connected.
Strategy 5: TDIU
Total Disability Individual Unemployability under 38 CFR 4.16 pays at the 100 percent rate when service-connected conditions prevent substantially gainful employment. Schedular TDIU requires either one condition rated 60 percent or more, or multiple conditions combining to 70 percent or more with at least one rated 40 percent or more. Extraschedular TDIU is available below those thresholds.
TDIU is dramatically under-utilized. Many veterans with combined ratings of 70 to 90 percent who cannot maintain employment qualify but never apply. The application is filed on VA Form 21-8940 with employment history, education, and a clear connection between service-connected conditions and the inability to work.
Strategy 6: Supplemental Claims With New Evidence
If a previous claim was denied or rated lower than expected, a supplemental claim under 38 CFR 3.2501 allows the submission of new and relevant evidence for reconsideration. Filed within one year of the prior decision, the supplemental claim preserves the original effective date - which can be substantial financially.
The most effective supplemental claims address the specific reason for the prior denial:
- Denied for lack of nexus → submit a well-constructed nexus letter
- Denied for lack of current diagnosis → submit recent specialist evaluation with diagnosis
- Denied based on a brief or contradictory C&P opinion → submit an independent medical opinion that addresses the C&P opinion's flaws
- Rated low because of insufficient functional documentation → submit functional capacity assessments and lay statements describing daily impact
Strategy 7: Special Monthly Compensation
Special Monthly Compensation under 38 CFR 3.350 provides additional compensation above the schedular rates for specific severe disabilities or combinations. Veterans at 100 percent or TDIU should evaluate whether they qualify for:
- SMC-K - a fixed monthly add-on for loss of use of a creative organ, blindness in one eye, anatomical loss of one foot or hand, or similar specific findings
- SMC-S - housebound benefits for veterans with one rating at 100 percent plus an additional 60 percent disability, or who are substantially confined to home due to service-connected conditions
- SMC-L through SMC-O - higher tiers for very severe disability profiles
- SMC-R/T - the highest tiers for veterans requiring aid and attendance
Even at the schedular 100 percent or TDIU level, SMC can add hundreds to thousands of dollars per month.
Strategy 8: Better Medical Documentation
The single most under-rated lever in raising a VA disability rating is the quality of the medical record. Many veterans have severe conditions but thin records because they manage their conditions outside the formal medical system, or because their treating providers do not document functional impact in the language the VA needs.
Specific documentation improvements that frequently support higher ratings:
- Range of motion measurements performed and recorded with the methodology required by Correia v. McDonald
- Functional loss documentation capturing flare-ups and DeLuca factors
- Headache logs demonstrating frequency and severity of prostrating attacks
- Mental health symptom logs demonstrating panic attacks, sleep disturbance, suicidal ideation, and functional impairment
- Physician statements addressing activity restrictions for diabetes, cardiac, and pulmonary ratings
- Sleep study results documenting AHI and CPAP requirements
- Imaging and electrodiagnostic findings supporting orthopedic and neurological claims
- Independent psychological evaluations aligned with 38 CFR 4.130 criteria
- Nexus letters with full medical rationale per Nieves-Rodriguez v. Peake
Protections to Be Aware Of
Filing for an increase opens the rating to re-evaluation. Several protections limit the VA's ability to reduce ratings:
- 5-year stabilized ratings (38 CFR 3.344) - require sustained material improvement before reduction
- 10-year service connection protection (38 CFR 3.957) - service connection cannot be severed after 10 years absent fraud
- 20-year ratings (38 CFR 3.951) - cannot be reduced absent fraud
- 100 percent and TDIU specific protection (38 CFR 3.343) - the VA must show actual improvement, not a single different exam, before reduction
These protections do not prevent re-evaluation, but they constrain when reductions can occur. Veterans considering increased rating claims for older conditions should weigh the upside against the protections currently in place.
Frequently Asked Questions
There are several pathways: file an increased rating claim if a service-connected condition has worsened; pursue secondary conditions arising from existing service-connected disabilities; ensure all separately rateable complications and neurological abnormalities are individually rated; verify the bilateral factor is applied where applicable; pursue TDIU if conditions prevent substantially gainful employment; file supplemental claims with new evidence after unfavorable decisions; and ensure medical documentation captures the full severity of conditions.
An increased rating claim is a request that the VA evaluate a service-connected condition at a higher percentage based on worsening symptoms. It is filed on VA Form 21-526EZ. Effective dates can be one-year retroactive if the medical evidence shows entitlement to the higher rating arose during that earlier period under 38 CFR 3.400(o)(2).
Yes. Veterans frequently claim multiple secondary conditions simultaneously - for example, hypertension, sleep apnea, GERD, and erectile dysfunction all secondary to service-connected PTSD, plus diabetic peripheral neuropathy and retinopathy secondary to service-connected diabetes. Each condition is evaluated separately under 38 CFR 3.310 with its own nexus letter and evidence.
Filing an increased rating claim opens the rating to re-evaluation, which in theory could result in a decrease. However, several protections apply: 5-year stabilized ratings under 38 CFR 3.344 require sustained material improvement before reduction; 20-year ratings under 38 CFR 3.951 cannot be reduced absent fraud; and 38 CFR 3.343 requires the VA to show actual improvement, not just a single different exam, before reducing 100 percent or TDIU ratings. Veterans should weigh the upside against these protections, particularly for older ratings.
Need Medical Documentation to Move Your Rating Higher?
Semper Solutus produces MD-authored nexus letters for secondary claims and increased rating support, plus psychological evaluations aligned with 38 CFR 4.130. Schedule a free consultation to discuss your strategy.
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