Legal Question in Veterans Law in Virginia

Revisiting disability rating

My husband is a career Army veteran (20 years) and when he retired in 2001, he applied to get his service connected disability rating established. After several years of back and forth, he was granted 40% in Feb 2007. He's now facing a long term medical crisis. I think the disability rating decision failed to take into consideration some serious health issues he has as a result of his service connected medical issues. I would like to reclama the rating (on my husband's behalf as his attorney in fact) and try to get it boosted. Is there still an opportunity to have his status reviewed?

Asked on 1/05/09, 7:35 pm

2 Answers from Attorneys

Michael E. Hendrickson Attorney & Counsellor at Law
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Re: Revisiting disability rating

Yes, your veteran husband should be able to apply with the VA for a review of this disability decision, and if they decline to adjust it upward to where your expert witnesses think it should reasonably be(based upon the applicable facts and law), he could then appeal that adverse decision to the Board of Veterans Appeals and then even to the Federal Court of Appeals for Veterans Claims, if necessary.

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1/06/09, 12:01 am
Jill Mitchell Heard & Smith, LLP
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Re: Revisiting disability rating

Just file a request for increases on the ratings and say that you think the conditions have worsened. And file new claims for anything that's not service connected that you think should be. A local VA office or Veteran Service Office should be able to help you. Do it asap to get the effective date set. (Back benefits usually start from the date the VA gets the claim.) Good luck.

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1/06/09, 10:37 am

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