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Appealing a VA Rating Decision

Did you recently apply for veterans' disability benefits and are unsatisfied with your rating decision?  If so, you are not alone. 

Overview of Initiating a VA Claim

Once your claim is processed by the VA's Regional Office in your home state, it then goes to a review officer who makes a determination on your file.  The Regional Office issues a rating decision, which will include your combined or total rating and a break down of the rating for each individually claimed impairment. 

Ratings can range from 0% to 100% in increments of 10. The exact percentage is determined by the severity of the impairment, taking into consideration all of the symptoms and limitations associated with that condition.

Each rating is broken down into three sections which may be have been inaccurately evaluated by the VA 

• Service-connection
• Rating percentage
• Effective date

If you feel that your rating decision is inaccurate and you were not given the proper rating that corresponds to the severity of your condition, you must appeal the rating decision within one year of the date the decision was issued. 

Steps in the Appellate Process

The first step in the appeals process is called the Notice of Disagreement (NOD).  While there is no official NOD form; there are specific items that must be mentioned in order to submit an effective NOD.

First, you must be sure that the document clearly states that it is a "Notice of Disagreement" and that it is your intent to appeal the rating decision.  Additionally, be sure to include each impairment that you are appealing. The next step is to determine which issues you are appealing. 

For impairments that have been denied, you must appeal the service-connection issue. 

In order to prove service-connection, you must show that:

• the impairment began or was aggravated during active duty,
• there is a current diagnosis or condition; and
• a "nexus" or connection between the current diagnosis and the in-service stressor exists.

If you believe that you were not given the proper rating percentage for an impairment, you must appeal the rating percentage. The correct percentages for each impairment, based on the symptoms and limitations, can be found at the United States Department of Veteran Affairs.

Even if the Regional Office determines that your impairment is service-connected, there may still be an issue as to when the current diagnosis began, known as the effective date. This date can also be appealed in the NOD by showing that the condition was diagnosed or treated at an earlier date than determined by the rating decision, evidenced in your personal medical records. 

Filing an Appeal

If you have questions regarding service-connection, rating decisions, or the appeals process, you can speak with a VA claims attorney who can advise you on your claim for veterans' disability benefits and help you file an appeal.

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